Homework
PART 1
INSTRUCTIONS: Only the answer is needed. No supporting sources required.
I. Compare between ‘Free Consent' and ‘Legal Formalities', mentioning two similarities and two differences between them.
II. Explain any four problems that a project with a bespoke contract might face.
III. Explain whether contingency sums are important for a project or not, providing two reasons for the answer.
IV. Explain two reasons why subpoenas are required in lawsuits.
V. Explain two reasons why the proceedings of the military court are not published. VI.
PART II
INSTRUCTIONS: Analysis is required and supporting sources can be provided where needed.
I. Explain which project in Oman (actual or imaginary) could have been carried out using the NEC Cost Reimbursable form of contract. The answer should include:
a. Details of the project.
b. A brief description of the parties involved.
c. Two advantages of using the form of contract.
d. Two disadvantages of using the form of contract.
II. Explain the process of tendering as a legal contract. The answer should include a description of:
a. Offers.
i. Acceptances.
ii. Consideration.
iii. Revocations.
III. Explain the contrast between civil and criminal court cases. The answer should include:
a. A description of civil cases.
b. A description of criminal cases.
c. Descriptions of the roles of all parties involved.
IV. Explain the complete procedure for a FIDIC Gold Book project. The answer should include:
a. The type of projects that it is used for.
b. Descriptions of the roles of all parties involved.
c. Two advantages of using it.
d. Two disadvantages of using it.
V. Explain the procedure for variations for government projects. The answer should include:
a. Small variations (quality & quantity).
b. Large variations (quality & quantity).
c. Variations due to exceptionally adverse circumstances.
d. Descriptions of the roles of all parties involved.
PART III
INSTRUCTIONS: Case studies are to be solved using properly referenced supporting material.
I. Read the case study below and answer the questions that follow:
A private businessman decides that the annual personal profit from his logistics company should be invested in building houses & multi-story buildings for sale. The type of project carried out every year will depend on the profits from the previous year. He planned to construct an 8-story building starting from January 2020 but had to change his plan to limit it at 4 stories for now due to the losses being faced by his company. He decides to use the Oman Standard Contract (3rd Edition) since it is quite well-known.
A. Explain all items and documents which will be involved in this project. The answer should include:
a. All elements of the legal contract with all details relevant for this project.
b. Details and importance of all documents involved (including for variations).
B. Explain the roles & responsibilities for all parties involved. The answer should include:
a. The duties of each party involved.
b. The changes in the duties as the project progresses.
c. The penalties for each party for any errors.
II. Read the case study below and answer the questions that follow:
All ministries and public authorities are planning to start a collaborative venture where they will all work together as one client and sign a contract with a single entity for special maintenance works to be carried out over the next twenty years by a single entity. These special maintenance works only involve damage from earthquakes, fires, floods, vandalism, and similarly adverse events. The normal maintenance projects will be handled by the internal maintenance teams of each ministry and authority.
A. Explain the two most suitable forms of contract for this project. The answer should include the following:
a. A description of two advantages and two disadvantages of using the first choice.
b. A description of two advantages and two disadvantages of using the second choice.
c. A brief description of the least suitable form of contract for this project.
B. The adoption of new forms of contract will require new legislation. Explain the changes required & responsibilities for all parties involved. The answer should include:
a. An explanation of how legislation is made in Oman.
b. An explanation of the judiciary in Oman.
c. A brief description of the difference between the Omani and American system.
Format your homework according to the following formatting requirements:
i) The answer should be typed, using Times New Roman font (size 12), double spaced, with one-inch margins on all sides.
ii) The response also includes a cover page containing the title of the homework, the student's name, the course title, and the date. The cover page is not included in the required page length.
iii) Also include a reference page. The Citations and references must follow APA format. The reference page is not included in the required page length.