| Subject Overview: |
Objectives:
A candidate who has successfully completed this subject should: - Understand the theoretical and practical drivers for risk allocation in construction projects
- Be familiar with the risks that can materialise during the planning, design and construction phases of a project, and how those risks may be allocated to, or assumed by, various participants
- Have a detailed understanding of the law and industry practice relating to insurance and security for performance
- Appreciate the impact that recently introduced proportionate liability schemes have on loss recovery
- Be able to provide meaningful advice about the various options that are available to a range of industry participants in structuring and administering projects in relation to these matters
- Be able to contribute meaningfully to ongoing industry debates about optimal ways of dealing with these matters at a policy level.
Syllabus:
Principal matters to be covered include: - Identifying risk in a construction project and how various industry participants (including principals, contractors, designers, professional advisers, insurers, security providers, and statutory and government authorities) may bear responsibility in relation to those risks
- Philosophies and commercial drivers affecting risk allocation in construction contracts and consultancy agreements, and how these are reflected in standard forms
- Security for performance mechanisms, including cash retentions, unconditional undertakings, parent guarantees, insurance bonds, adjudication bonds and other instruments
- Insurance products available to the construction industry (including public liability, works insurance, professional indemnity/errors and omissions, workers compensation, domestic building, structural defects, transit etc.) and the law relating to them (including regulation by legislation, common law principles and treatment under standard-form construction contracts and consultancy agreements)
- Proportionate liability regimes (including Part IVAA of the Wrongs Act 1958 (Vic)) and their impact upon contract risk allocation.
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| Assessment: |
- Take-home examination (100%) (31 October-3 November)
or - Research paper 10,000 words (100%) (11 December) (topic approved by the subject coordinator).
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| 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: | 730-776Construction RiskMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2008 Objectives:
A candidate who has successfully completed this subject should: - Understand the theoretical and practical drivers for risk allocation in construction projects
- Be familiar with the risks that can materialise during the planning, design and construction phases of a project, and how those risks may be allocated to, or assumed by, various participants
- Have a detailed understanding of the law and industry practice relating to insurance and security for performance
- Appreciate the impact that recently introduced proportionate liability schemes have on loss recovery
- Be able to provide meaningful advice about the various options that are available to a range of industry participants in structuring and administering projects in relation to these matters
- Be able to contribute meaningfully to ongoing industry debates about optimal ways of dealing with these matters at a policy level.
Syllabus:
Principal matters to be covered include: - Identifying risk in a construction project and how various industry participants (including principals, contractors, designers, professional advisers, insurers, security providers, and statutory and government authorities) may bear responsibility in relation to those risks
- Philosophies and commercial drivers affecting risk allocation in construction contracts and consultancy agreements, and how these are reflected in standard forms
- Security for performance mechanisms, including cash retentions, unconditional undertakings, parent guarantees, insurance bonds, adjudication bonds and other instruments
- Insurance products available to the construction industry (including public liability, works insurance, professional indemnity/errors and omissions, workers compensation, domestic building, structural defects, transit etc.) and the law relating to them (including regulation by legislation, common law principles and treatment under standard-form construction contracts and consultancy agreements)
- Proportionate liability regimes (including Part IVAA of the Wrongs Act 1958 (Vic)) and their impact upon contract risk allocation.
- Take-home examination (100%) (31 October-3 November)
or - Research paper 10,000 words (100%) (11 December) (topic approved by the subject coordinator).
N.A.N.A.24 - 26 contact hours per subject.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 candidate's background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Tony Horan, Phillip GreenhamLawFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730776P12.500Semester 2NLawLaw730-776 |