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  3. Remedies in the Construction Context

Remedies in the Construction Context (LAWS70112)

Graduate coursework level 7Points: 12.5On Campus (Parkville)

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Overview

Year of offer2018
Subject levelGraduate coursework Level 7
Subject codeLAWS70112
Campus
Parkville
Availability(Quotas apply)
July
FeesSubject EFTSL, Level, Discipline & Census Date

Construction projects produce difficult legal issues. Practitioners need to be confident in their understanding of the remedies available under various causes of action. Construction law requires a sound knowledge of relevant case law and legislation concerning diverse matters, such as damages in contract, recovery in tort for pure economic loss, penalties (including liquidated damages), recovery upon a quantum meruit, remedies under the Australian Consumer Law and the grant of interlocutory injunctions.

The lecturers bring a depth of experience to the classroom. Their experience in the analysis of such issues was gained not only during extensive practising careers but also through their writings (which include David's second edition of the seminal Brooking on Building Contracts) and many years of teaching. They also harness the specialist expertise of guest lecturers, including leading academic lawyers, legal practitioners and judges.

Principal topics include:

  • Damages for breach of contract
  • Penalties (including liquidated damages)
  • Equitable remedies for breach of fiduciary duty
  • Proportionate liability
  • Temporary injunctions
  • Recovery in tort for pure economic loss
  • Remedies under the Australian Consumer Law
  • Development of quantum meruit claims leading to a consideration of:
    • Quantum meruit under a contract having no agreed price
    • Restitution claims where there is no contract, or an unenforceable contract, where the contractor claims that the owner has been unjustly enriched.

Intended learning outcomes

A student who has successfully completed this subject will:

  • Have an advanced and integrated understanding of the role and function of legal remedies in relation to construction projects
  • Have enhanced their expert and specialised cognitive and technical skills required to practise as a professional engaged with legal remedies arising from construction projects
  • 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 remedies in construction procurement and disputes
  • Be able to demonstrate the analytical and communication skills required to independently investigate, examine and synthesise existing and emerging legal issues relating to remedies in the construction context.

Last updated: 29 March 2019