Advanced Construction Law

Subject LAWS70128 (2010)

Note: This is an archived Handbook entry from 2010.

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

This subject has the following teaching availabilities in 2010:

June, Parkville - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable

October, Parkville - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: 24 to 26
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject.
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Contact

For the most up-to-date information about this subject, contact the Melbourne Law Masters Office by email at law-masters@unimelb.edu.au or phone 8344 6190 or alternatively visit the subject website: www.masters.law.unimelb.edu.au
Subject Overview:

Principal topics will include claims in the following categories:

  • Time: Delay, liability for delay, extensions of time, liquidated damages for late completion
  • Prolongation/acceleration: Entitlement to additional cost, assessment and quantification ??Scope of work: Variations, adjustments under the contract
  • Quality: Measure of quality/Australian Standards, breach of required contractual standard, assessment of quality and damages
  • Security: For performance, payment, access to security and statutory adjudication
  • Indemnity: Damage to property, public liability, insurance provisions and apportionment
  • Trade practices/fair trading legislation: Misleading and deceptive conduct, unconscionable conduct, remedies
  • Restitution: Unjust enrichment, statutory exclusion, quantum meruit
  • Payment: Progress payments - certification and adjudication
  • Procedure/quantification.
Objectives:

A student who has successfully completed this subject should:

  • Have a detailed understanding of the legal principles involved in a wide range of claims arising under construction contracts
  • Be able to analyse and appraise the reasoning of courts in the leading cases relating to each category of claim
  • Understand the relationship between the relevant legal principles and the provisions of standard form contracts
  • Be familiar with the methods by which construction claims are prepared and presented
  • Understand the impact of the Trade Practices Act 1974 (Cth) and fair trading legislation in each state upon the rights of parties to construction contracts
  • Be able to consider options for provisions within construction contracts or amendments to standard form contracts.
Assessment:

Take-home examination (100%)
Semester 1: 6-9 August
Semester 2: 10-13 December
Prescribed Texts: Visit the subject website for more information
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Visit the Melbourne Law Masters website for more information about this subject.
Links to further information: http://www.masters.law.unimelb.edu.au

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