Posted: December 28th, 2015
What steps can the firm take to avoid the occurrence of disputes? How should the firm proceed in the event that disputes are unavoidable?
Five graduate students want to set up in business as a civil engineering contractor. The students are approaching banks for start-up capital. Only one bank might be willing to offer money but wants to know that the business understands the commercial context in which it will operate.
The bank asks for a 2000 word report covering aspects of business and law. The outcome of whether or not the funding application will go forward depends on how convincing your report is. The bank asks you to:
- Identify three statutes and three cases of particular importance to practice as a civil engineering practice, one from the law of contract and law of tort and one other. You should give reasons for your selections.
- What standard forms of contract might the business encounter when it starts winning work? Identify the plus and minus points in relation to the forms selected.
- What steps can the firm take to avoid the occurrence of disputes? How should the firm proceed in the event that disputes are unavoidable?
- How will the firm stand out from its competitors? What best practice ideas can it embrace? Give a rationale in support of your strategy.