Principles of Construction Law

Subject LAWS70314 (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:

February, 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

August, 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 Matthew Bell

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:

  • Overview of the regulatory regime for construction contracting
  • Causes of action in construction disputes: Contract, tort, statutory (includes Trade Practices Act 1974 (Cth) section 52), other (including restitutionary quantum meruit), proportionate liability
  • Contracting methodologies
  • Contract administration: Standard forms of contract, tendering and contract preparation, minimising legal exposure
  • Role and liability of superintendent
  • Issues relating to subcontracts
  • Variations
  • Defective work
  • Latent conditions
  • Time, programming and liquidated damages
  • Contractual mechanisms for payment
  • Security for payment legislation
  • Insurance
  • Security for performance
  • Dispute avoidance procedures and alternative dispute resolution in construction
  • Construction litigation
  • Arbitration: Domestic, international.
Objectives:

A student who has successfully completed this subject should:

  • Comprehend the legislative and regulatory framework governing the construction industry
  • Understand broadly the commercial and industry context within which construction law operates in Australia and overseas
  • Be able to evaluate the appropriateness of different procurement models in the procurement of construction projects
  • Understand how causes of action in breach of contract and negligence both inform construction contract drafting and negotiation and apply to construction disputes
  • Be able to recommend appropriate methods of dispute resolution and avoidance for situations commonly arising in the construction industry
  • Understand the role, within the context of construction law practice, of specialist areas of law including insurance, performance security, trade practices and professional liability.
Assessment:

Take-home examination (100%)
Semester 1: 16-19 April
Semester 2: 15-18 October
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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