Rights and Liabilities in Construction

This subject has the following teaching availabilities in 2009:

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.

Objectives:

This subject will provide an understanding of the rights and liabilities of both the principal and contractor under construction contracts, the major categories of claims arising under contracts and the legal principles applicable to them.

A student who has successfully completed this subject should:

• Have an understanding of the rights and liabilities of participants in the construction industry
• Be familiar with the major forms of claims likely to arise in the course of construction contracts
• Have a general understanding of the basic legal principles relating to a range of claims that arise in the course of construction contracts
• Understand the relationship of these general principles to the standard-form construction contracts
• Understand the procedures for making claims and the options for their resolution.

Syllabus:

This subject will deal with the rights and liabilities of the parties from both the principal and contractor’s perspective, arising under construction contracts in the following categories:

• Time-related claims: Delay; extensions of time; costs of delay; liquidated damages for late completion
• Payment-related claims: Progress certificates, payments and security for payment adjudications; restitutionary claims; set-off
• Scope-related claims: Scope of work; variations; adjustments of rates and allowances; security for performance
• Quality-related claims: Quality definition/non-compliance; defective work and damages
• Claims outside the contract: Trade Practices Act 1974 (Cth) and negligence
• Liability and indemnification: Indemnities under construction contracts; insurance provisions
• Repudiation and termination of contracts; rescission
• Procedural aspects of claims: Notification; certification; adjudication; quantification of claims; apportionment; access to security; remedies.

• Research paper 10,000 words (100%) (topic approved by the subject coordinator)
  • Semester 1: 16 July
  • Semester 2: 4 February 2010

This subject is not available as a breadth subject.

Objectives:

This subject will provide an understanding of the rights and liabilities of both the principal and contractor under construction contracts, the major categories of claims arising under contracts and the legal principles applicable to them.

A student who has successfully completed this subject should:

• Have an understanding of the rights and liabilities of participants in the construction industry
• Be familiar with the major forms of claims likely to arise in the course of construction contracts
• Have a general understanding of the basic legal principles relating to a range of claims that arise in the course of construction contracts
• Understand the relationship of these general principles to the standard-form construction contracts
• Understand the procedures for making claims and the options for their resolution.

Syllabus:

This subject will deal with the rights and liabilities of the parties from both the principal and contractor’s perspective, arising under construction contracts in the following categories:

• Time-related claims: Delay; extensions of time; costs of delay; liquidated damages for late completion
• Payment-related claims: Progress certificates, payments and security for payment adjudications; restitutionary claims; set-off
• Scope-related claims: Scope of work; variations; adjustments of rates and allowances; security for performance
• Quality-related claims: Quality definition/non-compliance; defective work and damages
• Claims outside the contract: Trade Practices Act 1974 (Cth) and negligence
• Liability and indemnification: Indemnities under construction contracts; insurance provisions
• Repudiation and termination of contracts; rescission
• Procedural aspects of claims: Notification; certification; adjudication; quantification of claims; apportionment; access to security; remedies.

• Research paper 10,000 words (100%) (topic approved by the subject coordinator)
  • Semester 1: 16 July
  • Semester 2: 4 February 2010

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.