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Managing Legal Risk in Construction (LAWS70441)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
May
Lecturers
Mr David Ulbrick, Coordinator
Ms Kara Vague
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | May |
---|---|
Fees | Look up fees |
Construction industry personnel and their lawyers are increasingly aware of the need to anticipate the legal implications of communication and ‘issue management’ throughout the project life cycle. This subject aims, therefore, to equip industry professionals and lawyers with the skills necessary to manage legal risk during the procurement and delivery phases. Complementing other subjects within our construction law program that examine legal risks and their management, this subject provides practical insights into key aspects of the legal/project interface, including tendering and contract preparation procedures that efficiently ‘document the deal’ and contract administration techniques that minimise disputation.
The subject lecturers are practising lawyers who have substantial expertise and experience in advising during the various phases of a project, enabling students to develop an advanced and critical understanding of this specialised area of law.
Principal topics include:
- Project inception, including project feasibility and financing
- Procurement model selection and alternative contracting models
- An analysis of pre-tender documentation, including consortium and joint venture agreements
- The key stages of a tender, from expression of interest to requests for tender, and legal issues to be managed during this phase
- Analysis of the key project risks and their allocation and adoption between a contractor and client in negotiating a construction contract. Includes consideration of alternative approaches from contractors and clients to negotiation of these obligations
- The interface between the project management and legal disciplines. This includes a consideration of the ethical dilemmas that confront construction professionals. Project implementation and key steps to start a project to encourage an effective project environment
- Risk identification and mitigation strategies employed during the delivery phase and their role in avoiding unnecessary disputation
- Administering claims for time and cost under construction contracts
- Managing sub-contract risk
- Managing the ‘paper war’ during the delivery phase: legal and technical issues and the role and limits of communication between the parties (including legal privilege issues)
- A consideration of the practicalities of construction dispute resolution.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of legal risk in relation to construction projects
- Have enhanced their expert and specialised cognitive and technical skills required to manage and advise upon legal risk in the construction industry
- Be familiar with, be able to critically reflect on, and be confident in working across, the interaction between the technical, commercial and legal aspects of construction risk
- Be able to demonstrate the research and communication skills required to independently investigate, examine and analyse existing and emerging legal issues relating to construction risk.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Successful completion of either of the below subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS70314 | Principles of Construction Law |
July (On Campus - Parkville)
July (Off Campus)
February (On Campus - Parkville)
|
12.5 |
LAWS70176 | Construction Law | March (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
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.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Take-home examination (5,000 - 6,000 words) (100%) (7 - 10 July)
or - 8,000 - 10,000 word research paper (100%) (9 August) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- May
Principal coordinator David Ulbrick Mode of delivery On Campus (Parkville) Contact hours 24-26 hours Total time commitment 150 hours Pre teaching start date 10 April 2017 Teaching period 8 May 2017 to 12 May 2017 Last self-enrol date 17 November 2016 Census date 8 May 2017 Last date to withdraw without fail 30 June 2017 Assessment period ends 9 August 2017 May contact information
Lecturers
Mr David Ulbrick, Coordinator
Ms Kara VagueEmail: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Time commitment details
136-150 hours 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.
Additional delivery details
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.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in Construction Law Course Master of Construction Law Course Graduate Diploma in Legal Studies Course Master of Commercial Law Course Master of Laws - Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022