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UNIVERSITY OF VOCATIONAL TECHNOLOGY

NATIONAL DIPLOMA IN QUANTITY SURVEYING (NDQS) 2009/2011 Year II - Semester - I Examination April 2011

Construction Law & Dispute Resolution (NDQS 401)

Instructions : Answer all questions . Duration : 03 hours

1)

i) State 4 number ways of Discharging of a Contract . ii) What are the essentials of a valid Contract. iii) State 4 no essential features of a Consideration in a Contract. iv) Explain the Executed Contract & Executory Contract in your own words.

(4marks) (4 marks) (4 marks) (8 Marks)

2)

A & B were very close friends. A has sent an e-mail toB offering his Car for the sum of Rs.2 Million. Further A requested in his e-mail that to send his acceptance by return mail if B is willing to buy the As Car. B opened his computer after 4 days time since he was out of town to attend his family funeral. Immediately B saw the A s mail sent a reply to A by accepting A offer. A informed B that A has already sold his car yesterday toBs brother C who is living in the same premises where B is living. If B sue A what will be the decision. Give your facts (20 marks)

3)

i) The Contractor has not fulfilled his obligations by not performing the required Insuring the Works. What action shall be taken by the Engineer in such event. (4 marks) ii) List 8 number Excepted Risks. iii) What do you mean by (a) Waterborne traffic. (b) Way leaves iv) Define Period of Maintenance v) What are Contract Price and Effective Contract Price (2 marks) (2 marks) (4 marks) (4 marks) (4 marks)

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4)

i) What are the methods of valuing Variations

(4 marks)

ii) When the Contractor receive oral(verbal) instruction from the Engineer, what action should be taken by the Contractor to convert that oral (verbal) instruction to written instruction. (4 marks) iii) What are the duties and powers of the Engineer in a Construction Contract. iv) Why the Quantity Surveyor is worry about to establish the Construction Programme (4 marks) (4marks)

v) If there is no prescribed Standard Method of Measurement in a Contract, What is the Method of Measurement to be followed for the Post Contract Duties. (4 marks)

5)

i) Define the term Dispute and explain 5 number Dispute Resolution Methods.

(10 marks)

ii) Write 4 number Advantages and 4 number Disadvantages of an Arbitration on settling disputes (10 marks)

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