Advanced Construction Law

Subject LAWS70128 (2011)

Note: This is an archived Handbook entry from 2011.

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

This subject has the following teaching availabilities in 2011:

May, 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

November, 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: Not available
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 more information, contact the Melbourne Law Masters office.

Email law-masters@unimelb.edu.au or phone +61 3 8344 6190.

Alternatively, visit our 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
  • Competition and consumer 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 Competition and Consumer Act 2010 (Cth) 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: Visit the Melbourne Law Masters website for more information about this subject.
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date

Download PDF version.