Handbook home
Construction Contract Analysis, Drafting (LAWS70270)
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
February
Lecturers
Mr David Bennett QC, Coordinator
Mr Wayne Jocic, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
November
Lecturers
Mr David Bennett QC, Coordinator
Mr Wayne Jocic, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | February November |
---|---|
Fees | Look up fees |
This subject develops advanced skills in the drafting 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 ample opportunity for students to exercise and be tested on their drafting skills. The results of their work are 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 construction contract drafting and analysis. The lecturers have drafted standard form and bespoke contracts for public and private-sector organisations and have 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. 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:
- 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.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced understanding of the role and function of contracts (both standard form and bespoke) in relation to construction projects
- Have enhanced their skills required to analyse, and draft contracts 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 contract drafting and analysis
- Be able to independently investigate, examine and analyse existing and emerging legal issues relating to contracts for construction projects.
Last updated: 3 November 2022