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
Eligibility and requirements
Prerequisites
Successful completion of either of the below subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS70314 | Principles of Construction Law |
August (On Campus - Parkville)
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
- Written assessment submitted during the subject (15%)
- Take-home examination (5,000 - 6,000 words) (85%)
- Semester 1: 6 - 9 April
- Semester 2: 11 - 14 January 2019
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- February
Principal coordinator David Bennett Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 22 January 2018 Pre teaching requirements 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. Teaching period 19 February 2018 to 23 February 2018 Last self-enrol date 31 January 2018 Census date 19 February 2018 Last date to withdraw without fail 16 March 2018 Assessment period ends 9 April 2018 February contact information
Lecturers
Mr David Bennett QC, Coordinator
Mr Wayne Jocic, CoordinatorEmail: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au - November
Principal coordinator David Bennett Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 24 October 2018 Pre teaching requirements 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. Teaching period 21 November 2018 to 27 November 2018 Last self-enrol date 31 January 2018 Census date 21 November 2018 Last date to withdraw without fail 14 December 2018 Assessment period ends 14 January 2019 November contact information
Lecturers
Mr David Bennett QC, Coordinator
Mr Wayne Jocic, CoordinatorEmail: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
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 Graduate Diploma in Legal Studies Course Master of Construction Law Course Master of Commercial Law Course Master of Laws - Links to additional information
- 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