Construction Contract Analysis, Drafting (LAWS70270)

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.

Principal topics include:

• Techniques for contract drafting, interpretation and analysis
• Contract interpretation and analysis
• Contractual terms, express and unstated
• Engaging at a sophisticated level with the ongoing debate within the industry as to the role and utility of standard-form contracts.