Advanced Construction Law

Subject LAWS70128 (2012)

Note: This is an archived Handbook entry from 2012.

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

This subject has the following teaching availabilities in 2012:

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

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




Recommended Background Knowledge:

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

Non Allowed Subjects:


Core Participation Requirements:

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

  • The ability to attend a minimum of 75% of classes and actively engage in the analysis of complex materials and debate;
  • The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
  • The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
  • The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
  • The ability to work independently and as a part of a group;
  • The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact the Disability Liaison Unit:


For more information, contact the Melbourne Law Masters office.

Email or phone +61 3 8344 6190.

Alternatively, visit our website:

Subject Overview:

Advanced Construction Law is designed as a capstone subject, explicitly aimed at enhancing students’ ability to make a significant contribution to the ongoing development of construction law in Australia and overseas. The emphasis, therefore, is upon analysing and testing cutting-edge case law, commentary and other legal developments.

In addition to the core areas of time (including delay claims methodologies), workscope/variations, defective work and security, detailed treatment is given to extra-contractual remedies such as those under the Australian Consumer Law and those based upon unjust enrichment.

Principal topics will include claims in the following categories:

  • Time: Delay, liability for delay, extensions of time and liquidated damages for late completion
  • Prolongation/acceleration: Entitlement to additional cost, assessment and quantification
  • Scope of work: Variations and 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 and remedies
  • Restitution: Unjust enrichment, statutory exclusion, quantum meruit
  • Payment: Progress payments – certification and adjudication
  • Procedure/quantification.

The Clayton Utz Prize is awarded to the student placed first overall in this subject


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.

10,000 word research paper (100%) (13 September) on a topic approved by the subject coordinator

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
Links to further information:

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