Construction Contract Analysis, Drafting
Subject LAWS70270 (2016)
Note: This is an archived Handbook entry from 2016.
|Dates & Locations:|| |
This subject has the following teaching availabilities in 2016:March, Parkville - Taught on campus.
November, Parkville - Taught on campus.
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Timetable can be viewed here. For information about these dates, click here.
|Time Commitment:||Contact Hours: 24-26 hours |
Total Time Commitment:
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 either of the below subjects:
Study Period Commencement:
|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:||None|
|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:
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
CoordinatorMr David Bennett
Mr David Bennett QC (Coordinator)
Mr Wayne Jocic
Phone: +61 3 8344 6190
This subject develops advanced skills in the use and analysis of contracts in the construction law context. It reviews and analyses four standard forms in common use in Australia (including an internationally used International Federation of Consulting Engineers (FIDIC) form). It teaches best practice in plain English drafting techniques and provides an opportunity for individual students to exercise their drafting skills. The results of their work will be reviewed by the lecturers during the subject. Students are also responsible for producing drafting and analysis through group exercises.
The subject lecturers, David Bennett QC and Wayne Jocic, along with highly respected guest lecturers, bring to the classroom extensive practising and academic experience in the drafting and analysis of construction contracts. The lecturers have drafted standard form and bespoke contracts for public and private-sector organisations and published widely in the area.
This subject is designed to give students a sound understanding of the law concerning express and unstated (sometimes called tacit or implied) terms and the interpretation of contracts, a topic currently under judicial review. It is also designed to develop and enhance students’ abilities to draft, analyse and administer construction contracts at an advanced level. A focus of this subject is upon in-depth analysis and comparison of standard forms in use in the industry. Emphasis will be given to the development of individual drafting skills.
Principal topics include:
A student who has successfully completed this subject will:
Take-home examination (5,000-6,000 words as specified in the subject reading guide) (100%):
A minimum of 75% attendance is a hurdle requirement.
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
|Breadth Options:|| |
This subject is not available as a breadth subject.
|Fees Information:||Subject EFTSL, Level, Discipline & Census Date|
|Links to further information:||www.law.unimelb.edu.au/subject/LAWS70270/2016|
Graduate Diploma in Construction Law |
Graduate Diploma in Legal Studies
Master of Commercial Law
Master of Construction Law
Master of Laws
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