CAVENDISH UNIVERSITY – ZAMBIA
ASSIGNMENT BRIEF AND FEEDBACK FORM
STUDENT No.
LECTURER:
MODULE: Legal Aspect of Project Management
MODULE CODE: BPM314
ASSIGNMENT NUMBER:
1
DATE HANDED OUT: 14th March 2023
DATE DUE IN:
28th March 2023
ASSIGNMENT BRIEF
QUESTIONS
What legal constraints do project managers’ encounter as a practitioner and what remedies
would they propose. Discuss and analyze with authorities.
STUDENT INSTRUCTIONS
1. This form must be attached to the front of your assignment.
2. The assignment must be handed in without fail by submission date (see assessment schedule for your course)
3. Ensure that submission date is date stamped by the reception stuff when you hand it in.
4. Late submission will not be entertained unless with prior agreement with the tutor
5. All assessable assignments must be word processed.
This assignment is intended to assess the student’s knowledge in all of the following areas.
However, greater emphasis should be given to those items marked with a
(Tutor: - please tick as applicable)
1|Page
SL ASSESSMENT SKILLS Please Tick
No
1 Good and adequate interpretation of the question
2 Knowledge and application of the relevant theories
3 Use of relevant and practical examples to back up theories
4 Ability to transfer and relate subject topic to each other
5 Application and use of appropriate models
6 Evidence of library research
7 Knowledge of theories
8 Written business English communication skills
9 Use of visual (graphs) communication
10 Self-assessed ‘time management’
11 Evidence of field research
Tutor’s Marks contribution
(Administrative only)
LECTURER’S FEEDBACK
2|Page
Table of content
Introduction………………………………………………………………………………….4
Identification of the issue……………………………………………………………………4
Debate on the issue…………………………………………………………………………..6
Interpretation of the issue…………………………………………………………………....7
Conclusion……………………………………………………………………………………8
3|Page
References……………………………………………………………………………………9
Introduction
Due to the numerous laws and rules governing how project management is done in
organizations, there are legal restrictions in place. Legal restrictions mostly relate to work
law, safety standards, and supervision plans. These legal restrictions are used in project
management to make sure that the stakeholders and project team carry out their
responsibilities successfully; as a result, a contract must be supplied with terms and
4|Page
conditions spelled out in it. The project team and stakeholders are better equipped to
collaborate since they are aware of what is expected of them, according to Kraatz, M. S.
1(998). As a result, these regulations play a crucial role in a project environment.
The effects of the legal restrictions could, on the one hand, delay the project and influence the
project schedule. For instance, the team must wait for procedure approval before entering the
site while a traffic diversion requires an immediate decision. On the flip hand, it might have
an impact on the project's planning and development because it requires approval before
construction can begin for things like excavation permits and traffic ordinances. The goal of
legal project management (LPM) is to modify project management methods for use in a legal
setting. The project manager is responsible for making sure the project team and stakeholders
abide by these legal restrictions.
Identification of the issue
The project manager must take into account the many legal restraints he may face in order to
effectively accomplish the project's objectives. To guarantee that the project is an effective
success, the project manager must identify the remedies connected with each legal restriction.
This means that a solution must be offered to remove the restriction. Kevin, R. C. (1999). The
following are some project restrictions that must be taken into account: employment
legislation, safety standards, planning and construction regulations requirements, and
environmental requirements. The resolution of conflicts that may arise during the course of a
project is greatly influenced by these legal limits.
If these legal restrictions are not followed in a project, there will be consequences and
remedies. The project team must therefore adhere to these regulatory requirements.
Some of the issues that must be taken into account are listed below. According to
environmental law, the project manager must make sure that high authorities have approved
the project being done and the permit has been issued for a go-ahead on the project being
undertaken. The foundation of employment law specifies the working conditions for
employees. According to Kraatz, M. S. (1998)., this law governs the interaction between
5|Page
employers and employees It sets forth what employees are expected to perform, what they
may be asked to do, and their rights while at work.
Employment law regulates issues like all forms of discrimination, accommodations for
people with disabilities, employee dismissal and grievance procedures, working hours, leave
privileges, employment contracts, and remuneration.
The project manager must first ascertain the relevant legal requirements and make sure that
all project staff are made aware of their compliance obligations through the requisite training
and communication. Acting compliantly may have an impact on decisions about how work is
distributed, to whom it is distributed, and how the performance of that work is then
monitored, ensuring that aims and objectives are assessed in a realistic and equitable manner.
In the end, the project manager is responsible for setting up legal working conditions for the
project.
Managers must make sure that workplace safety is a key priority, claims Kyle, R. C. (1999).
The Occupational Health and Safety Act require employers, to provide a safe workplace,
including any necessary manager and employee compliance training.
Despite taking all reasonable safety precautions, employees who sustain work-related injuries
may be entitled to worker's compensation benefits, which may include time off for recovery
or even permanent disability. Managers are not permitted to retaliate against employees who
use their entitlement to worker's compensation or who refuse to work in hazardous
conditions. There is never a justification for taking corners when it comes to employee safety,
regardless of other production objectives or quotas managers may have.
Debate on the issue
In the case of Minister of Pensions and National Insurance v. Ready Mixed Concrete (South
East) Ltd. and Others (1968). Employment law was used in this instance as one of the legal
restrictions to take into account in the workplace. The case's details and how it was handled
are listed here.
Fact: A truck driver had a contract with his employer that required him to drive his truck
solely for work-related purposes, follow supervisory orders, and use company attire while on
6|Page
the job. He supplied his own truck, which was painted, in the company's colours and that he
had purchased on hire purchase from the business. He could use a stand-in driver. Kyle, R. C
(1999). Received payment based on mileage and the amount of commodities delivered. He
also paid his own national insurance and income tax, as well as the costs of maintaining and
repairing the lorry. The pension minister asserted that because he was an employee, the
business was required to pay employer national insurance obligations.
Held: Despite the fact that the employer had some influence over his work, the other
circumstances did not support the existence of a service contract. He qualified as an
independent contractor in particular since he owned his own equipment and ran his little firm,
in part at his own financial risk.
Therefore, in this instance, it means that before beginning work on the project, the project
team must get a clear definition of the legal limits. This means that the project must have
legal documents since they contain guidelines with which the actions and procedures of the
project's stakeholders must follow.
Legal restrictions may result in delays in the final deliverables, the inability to meet deadlines
for projects due to bureaucracy, and financial costs to the company or contractor managing
the project, as analysis of the aforementioned case demonstrates, Shen L. J. (2005). For
project restrictions to be properly managed, open communication is essential. Everyone
involved in the process is aware of the project's priorities and goals when there is
transparency. They are aware of what is expected of them and what they can provide. It keeps
them interested and increases production.
Interpretation of the issue
According to Sears, S. K. (2000), failing to complete a project within a variety of restrictions
might have a negative impact on the overall success of your project effort. However, there are
steps you may take to avoid or reduce the impact these restrictions have on your project.
7|Page
Before it can be addressed, any limitation that emerges throughout a project needs to be
properly recognized. Project managers and their teams must determine which project
components will be impacted by a constraint by using questions like who, what, when, where,
why, and how much.
The project manager can then make use of a variety of tools and methods to restore project
momentum, including doing risk analysis, cause and effect analysis, resource levelling
approaches, and speaking with important stakeholders. According to the study by Goldratt, E.
M. (1990), it is necessary to communicate with your sponsors, consumers, and other key
stakeholders in order to educate them as much as possible, just as it is important to
understand the restrictions yourself. "It is crucial that the customer understands not only
what is included in the scope but also what is not included, the quality of the materials being
used, and the availability of resources," claims Bolick (2010). If expectations and
assumptions are not properly managed, they can kill projects.
It is easy to understand why it is so crucial to control client and stakeholder expectations.
This communication will heavily rely on informing your stakeholders of the project's
limitations. One presumption new project managers frequently make is that project
constraints are restrictions or limits on their ability to do their jobs. Constraints, however, do
not always have to be detrimental, even though they can increase the risk to a project. Any
potential hazards can be found, evaluated, and dealt with using a well-planned risk
management strategy. It gives you the confidence to face uncertainties and obstacles head-on
and gives you the ability to create greater value. Goldratt, E. (1990). You may proactively
address the risks that have been identified internally after you have a plan in place.
Making a good plan will also help you avoid common problems. It will be easier to
comprehend the breadth of the project if there is a work breakdown structure where each
phase is divided into tasks. The tasks can be arranged and listed in detail, along with
schedules and allocated team members. By doing so, you can keep track of the time and keep
an eye on the prices at each stage. Additionally, you will be able to take action if things do
not go as to plan. Your ability to plan around limits will improve as you gain a deeper
8|Page
understanding of how they affect your project. To manage limitations, it is vital to be aware
of each one and to determine which parts of the project will be affected. Using that
information, you can put techniques like risk analysis, resource levelling.
Conclusion.
Legal limitations must be taken into account in the project environment because they not only
offer regulations for the project but also aid in resolving conflicts that may emerge over the
project's lifespan. As a result, it is crucial to have a solid understanding of the recognized
restrictions during the planning process. Although being informed does not imply that every
necessity or restriction can be removed, it is still advantageous for the team and building
project to plan ahead and work with the restriction rather than against it. The applicable
project planning agenda, timeline, and organizational structure design all require the
provision of the legal constraint document and consideration of these restrictions.
The management should monitor the implementation process's advancement and be aware of
any obstacles they face. The management should make sure that adequate funds, facilities,
staffing, and labour are allotted in order to lessen the restrictions brought on by the
constraints encountered. In any project context, these constraints that include employment
legislation, safety requirements, planning and construction regulations requirements, and
environmental requirements must be taken into account because they are crucial to the
project's success.
References.
Abbott, A. (1995). “Things of Boundaries.” Social Research.
Abbott, A. (2001). Chaos of Disciplines. Chicago: University of Chicago Press.
Abel, R. (1980). “Redirecting Social Studies of Law.” Law and Society Review.
9|Page
Abel, R. (2010). “Law and Society: Project and Practice.” Annual Review of Law and Social
Science,
Apartheid, 1980–1994. New York: Routledge.
Goldratt, E. M. (2000). Necessary but not sufficient: a theory of constraints business novel.
Great Barrington, MA: North River Press.
Kraatz, M. S. 1(998). Learning by Association, Interorganizational networks and adaption to
environmental change. Management Science.
Kyle, R. C. (1999). Property Management. Dearborn Real Estate Education
10 | P a g e
