Construction Law

This subject has the following teaching availabilities in 2016:

144 hours

• Admitted in MC-CONMG2Y Master of Construction Management; OR
• Admitted in MC-CM Master of Construction Management (200 point option only); OR
• Written permission from the Subject Coordinator; OR
• Successful completion of either of the below subjects:

Students who have completed any of the below subjects are not permitted to take LAWS70469 Construction Law:

For the purposes of considering request for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Student Support and Engagement Policy, academic requirements for this subject are articulated in the Subject Overview, Learning Outcomes, Assessment and Generic Skills sections of this entry.

It is University policy to take all reasonable steps to minimise the impact of disability upon academic study, and reasonable adjustments will be made to enhance a student's participation in the University's programs. Students who feel their disability may impact on meeting the requirements of this subject are encouraged to discuss this matter with a Faculty Student Adviser and Student Equity and Disability Support: http://services.unimelb.edu.au/disability

This subject builds on the general legal principles and methodologies covered in earlier subjects. It is tailored to the need for construction professionals to have an advanced and integrated understanding of the role of law and its application to the industry.

Topics to be covered include: causes of action; contracting methodologies and selection (including traditional and alternative forms of contract); the regulatory framework (including security of payment legislation); legal aspects of time, cost and quality; subcontracting; insurance and performance security; and dispute resolution and avoidance.

Students who successfully complete the subject will be able to demonstrate an advanced understanding of the following specialised areas, practical skills and analytical modes:

• The evolving interplay between common law and legislative regulation in the construction industry, and the appropriateness of current and proposed reforms in the area;
• Legal research and analysis, including the ability to apply legal modes of reasoning to commonly-encountered causes of dispute in the construction industry;
• Recommendation of appropriate contract delivery methodologies (including hybrid models) and dispute avoidance and resolution modes;
• How standard forms contracts in common use in the industry deal with key issues such as time, payment and quality; and
• The impact of interdisciplinary perspectives on construction practice.

• In-class test held mid-semester (20%);
• Take-home exam (5,000 word limit) (80%).

The due date of the above assessment will be available to students via the LMS.

Ian Bailey and Matthew Bell, Construction Law in Australia (3rd ed, Thomson Reuters, 2011).

This subject is not available as a breadth subject.

On successful completion of the subject, students will have developed the following skills to the advanced level appropriate to interdisciplinary professionals working in the construction industry:

• The capacity for close reading and analysis of a range of sources relevant to construction law;
• The capacity to engage in critical thinking and to bring to bear a range of conceptual analyses upon a given subject matter;
• The capacity for independent thought and reflection on issues and principles relevant to construction law;
• The capacity to articulate knowledge and understanding of complex ideas relating to construction law in written form;
• The ability to engage in interdisciplinary work;
• The further enhancement of academic writing that engages with various modes of expression including descriptive, analytical and critical forms; and
• The ability to confront unfamiliar or challenging issues and to consider appropriate ethical responses.