Construction Risk

Subject LAWS70149 (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:

September, 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: The total class time is between 24 and 26 hours.
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.

Coordinator

Mr Tony Horan

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:

  • 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
  • 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.
Objectives:

A student 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 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.
Assessment:

Take-home examination (100%) (12-15 November)
or
10,000 word research paper (100%) (16 December) on a topic approved by the subject coordinator
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/
Related Course(s): Master of Environment
Master of Environment
Postgraduate Certificate in Environment
Postgraduate Diploma in Environment

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