Construction Contracts

Subject 730-806 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2009:

For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidates background and experience.
Prerequisites: All students enrolled in the Master of Construction Law and the Graduate Diploma in Construction Law must complete at least one of Construction Contracts and Rights and Liabilities in Construction. These are prerequisites for some other construction law subjects and should be undertaken early in your course.

Principles of Construction Law is strongly recommended for students who do not have a law degree from a common law system and recommended for law graduates without substantial construction law experience. It should be undertaken before any other construction law subjects. Law graduates who have undertaken prior study in construction law or practised as a construction lawyer for more than two years may not enrol in this subject.

For students without a technical background, it is also recommended that Construction: Principles into Practice be undertaken early in your course. This subject is not available to students with a technical background.

Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.
Subject Overview:

Objectives:

A student who has successfully completed this subject should:

  • Understand the roles and relationships of parties involved in construction projects
  • Understand tendering and contract formation
  • Be able to properly assess and negotiate risk allocation in construction contracts
  • Be familiar with the use of standard- form contracts, sub-contracts and conditions of engagement for consultants
  • Be aware of, and be able to evaluate, the appropriateness of different forms of construction contracts, including alternative and innovative contractual arrangements
  • Have an appreciation of the key principles of construction law
  • Have an enhanced ability to provide constructive legal advice to parties engaging in construction projects
  • Gain an enhanced ability to analyse judgments and provide constructive legal advice.

Syllabus:

An introduction to construction contracts, including standard forms and terms, with reference to:

  • Roles, relationships and obligations of the parties to construction contracts and consultancy agreements
  • Risk allocation and management in construction contracts: Procurement, contract choices and insurance considerations
  • Tendering and contract formation
  • The use of standard-form contracts and sub-contracts and conditions of engagement
  • Performance, completion, suspension and determination
  • Consultancy agreements and design responsibility
  • Sub-contracts, assignment, nomination and novation
  • Alternative and innovative forms of contracting
  • Security for performance
  • Case analysis.
Assessment:
  • Take-home examination (100%)
    • Semester 1: 22–25 May
    • Semester 2: 16–19 October

      or
  • Research paper 10,000 words (100%) (topic approved by the subject coordinator)
    • Semester 1: 6 July
    • Semester 2: 10 December
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: P12.507Semester 1, Semester 2NLawLawYNNNParkvillePARKVILLEConstruction Contracts730-806200924 - 26 contact hours per subject.For the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730806Melbourne Law Masters, postgraduate law, post-graduate law, graduate law

Objectives:

A student who has successfully completed this subject should:

  • Understand the roles and relationships of parties involved in construction projects
  • Understand tendering and contract formation
  • Be able to properly assess and negotiate risk allocation in construction contracts
  • Be familiar with the use of standard- form contracts, sub-contracts and conditions of engagement for consultants
  • Be aware of, and be able to evaluate, the appropriateness of different forms of construction contracts, including alternative and innovative contractual arrangements
  • Have an appreciation of the key principles of construction law
  • Have an enhanced ability to provide constructive legal advice to parties engaging in construction projects
  • Gain an enhanced ability to analyse judgments and provide constructive legal advice.

Syllabus:

An introduction to construction contracts, including standard forms and terms, with reference to:

  • Roles, relationships and obligations of the parties to construction contracts and consultancy agreements
  • Risk allocation and management in construction contracts: Procurement, contract choices and insurance considerations
  • Tendering and contract formation
  • The use of standard-form contracts and sub-contracts and conditions of engagement
  • Performance, completion, suspension and determination
  • Consultancy agreements and design responsibility
  • Sub-contracts, assignment, nomination and novation
  • Alternative and innovative forms of contracting
  • Security for performance
  • Case analysis.
  • Take-home examination (100%)
    • Semester 1: 22–25 May
    • Semester 2: 16–19 October

      or
  • Research paper 10,000 words (100%) (topic approved by the subject coordinator)
    • Semester 1: 6 July
    • Semester 2: 10 December
Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidates background and experience.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.All students enrolled in the Master of Construction Law and the Graduate Diploma in Construction Law must complete at least one of Construction Contracts and Rights and Liabilities in Construction. These are prerequisites for some other construction law subjects and should be undertaken early in your course.

Principles of Construction Law is strongly recommended for students who do not have a law degree from a common law system and recommended for law graduates without substantial construction law experience. It should be undertaken before any other construction law subjects. Law graduates who have undertaken prior study in construction law or practised as a construction lawyer for more than two years may not enrol in this subject.

For students without a technical background, it is also recommended that Construction: Principles into Practice be undertaken early in your course. This subject is not available to students with a technical background.

N.A.N.A.Law730-8062

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