Specialised Construction Procurement Law

This subject has the following teaching availabilities in 2013:

Successful completion of Principles of Construction Law or Construction Law.

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.

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 and critique 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 to 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: www.services.unimelb.edu.au/disability/

Whilst ‘Construct Only’ and ‘Design and Construct’ delivery methodologies remain the most common form of construction procurement, principals and contractors increasingly are delivering construction projects via innovative procurement methodologies. This subject – designed to complement the existing infrastructure delivery subjects already offered within our program – provides students with a detailed knowledge of tendering, specialised forms of construction procurement and other key contract forms currently in use in the Australian construction and infrastructure market. The subject also provides an overview of the key legal and commercial issues affecting these procurement methods and specialised construction contracts.

The subject coordinator is Richard Wilkinson, a construction lawyer and alumnus of our Master of Construction Law program. In addition to bringing to the classroom his own extensive experience in construction procurement law, Richard will harness the specialist expertise of leading construction practitioners as guest lecturers.

Principal topics will include:

• Expressions of interest and invitations to tender
• Alliance contracting
• Managing contractor agreements and construction management agreements
• Consultancy agreements
• Engineer, procure and construct agreements
• Interface agreements
• Design and Construct Joint Venture agreements and Consortium agreements and facilities management and operation and maintenance agreements.

A student who has successfully completed this subject should:

• Have a detailed understanding of the tendering phase of construction projects, the risks for principals and contractors and techniques to manage those risks.
• Have a detailed understanding of specialised procurement methodologies in construction projects.
• Have a detailed understanding of construction joint venture arrangements and consortium agreements.
• Be able to provide meaningful advice about the various procurement options available to principals and contractors and be familiar with drafting techniques specific to these specialised procurement forms.

Take-home examination (100%) (15–18 November)
or
10,000 word research paper (100%) (20 January 2014) on a topic approved by the subject coordinator

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.

This subject is not available as a breadth subject.