Specialised Construction Procurement Law

This subject has the following teaching availabilities in 2015:

The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.

Successful completion of Principles of Construction Law or Construction Law is required.

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/

While ‘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. This subject also provides an overview of the key legal and commercial issues affecting these procurement methods and specialised construction contracts.

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

Principal topics include:

• Expressions of interest and invitations to tender
• Alliance contracting
• Managing contractor agreements
• Engineer, procure and construct agreements
• Engineer, procure and construction management agreements
• Consultancy agreements
• Design and construct joint venture agreements
• Consortium agreements
• Facilities management and operation and maintenance agreements.

A student who has successfully completed this subject will:

• Have an advanced and integrated understanding of the role and function of law in relation to construction projects
• Have an advanced capacity to critically compare and analyse the legal framework applicable to construction across Australian and overseas jurisdictions, as relevant, and to consider recommendations for reform of aspects of the Australian approaches in light of those comparisons
• Have a sophisticated appreciation of, and ability to engage in, the complex theoretical, policy and practical debates taking place internationally in relation to construction law
• Through the assessment involving a research paper, have developed specialised skills in self-directed legal research and in the autonomous and creative production of a substantial piece of legal writing that is thoroughly researched and develops arguments in a highly structured, supported and referenced way, with a high degree of original content.

• Take-home examination (100%) (12-15 June)
  or
• 10,000 word research paper (100%) (22 July) 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. Details regarding any prescribed texts will be provided prior to the commencement of the subject.

This subject is not available as a breadth subject.

This subject has a quota of 30 students. Please refer to the website www.law.unimelb.edu.au/masters/courses-and-subjects/subjects/subject-timing-and-format for further information about the management of subject quotas and waitlists.