Construction Risk

Subject LAWS70149 (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:

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: 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.

Coordinator

Mr Tony Horan

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:

  • 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 and transit 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: 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

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