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Construction Law (LAWS50084)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Semester 1
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | Semester 1 |
---|---|
Fees | Look up fees |
This subject introduces students to the specialised field of construction law. Whilst the focus is primarily upon the domestic law, many of the key themes and legal principles are encountered internationally; thus, an understanding of construction law in its comparative context will also be engendered.
The subject develops and integrates legal knowledge from across many sub-disciplinary fields (e.g. contract law and torts law), augmenting this through study of specific case law and legislation, and relevant multidisciplinary knowledge, to build an understanding of the complex interactions that define construction law.
Topics addressed will range from the common law and statutory landscape applying to construction law, through project procurement strategies and the specific legal issues which typically occur on projects (including unforeseen site conditions, work scope variation, time delays and payment claims), to means by which disputes can be avoided, managed, or resolved.
Intended learning outcomes
On completion of this subject, students should have:
Integrated understanding of the following specialised subject-matter:
- Key elements of the legal framework governing construction law (both common law and statutory);
- Professional liability, including that of superintendents;
- Choice of contracting methodology for project delivery;
- Legal issues arising in contract administration, including tendering and contract preparation;
- Sub-contract drafting and risk allocation;
- Claims arising from variations to the work;
- The particular legal requirements and liabilities arising in relation to quality and defects, latent conditions and time;
- The importance of payment within the industry, including contractual and statutory regimes for enforcing payment and securing obligations under contracts; and
- Appropriate means of avoiding and resolving disputes.
A sophisticated appreciation of, and ability to engage in, the complex theoretical, policy and practical debates taking place internationally in relation to construction law, including:
- The balance to be struck between the protection of the vulnerable (including consumers) and freedom to contract;
- Moving beyond adversarialism in contracting without abandoning commercial certainty;
- The extent to which construction contracting should be regulated by statute; and
- Whether – and, if so, how – an appropriate balance can be struck between expedition and natural justice in the management and resolution of construction disputes.
Students should further have:
- A capacity to critically compare and analyse the legal framework applicable to construction law across Australian and overseas jurisdictions, as relevant, and to consider recommendations for reform of aspects of the Australian approaches in light of those comparisons;
- Through the assessment involving a research paper, developed specialised skills in self-directed legal research and in the autonomous and creative production of a substantial piece of legal writing that is thoroughly researched and develops arguments in a highly structured, supported and referenced way, with a high degree of original content; and
- Through the assessment involving class participation, developed specialised skills in oral communication and, in particular, in the articulation at a sophisticated level of arguments and views concerning the subject material.
Generic skills
On completion of the subject, students should have developed their skills in the following areas:
- specialist understanding, interpretation, critical reflection, synthesis and comparison of texts relating to construction law from the various Australian jurisdictions and overseas;
- analysing, comparing and reflecting critically on policy documents relating to construction law from the various Australian jurisdictions and overseas;
- generating and evaluating proposals for reform of Australian construction law having regard to interstate and international experience;
- developing a research question relevant to this complex field, creatively carrying out research involving diverse domestic (and, where appropriate, international) sources, and preparing a substantial piece of writing displaying sophisticated investigation,
- analysis, synthesis and application of theoretical understanding; and
- formulating and articulating views on difficult technical issues relating to construction law in oral discussion, in a manner displaying the development of professional judgment.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Successful completion of all the below subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (On Campus - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50027 | Dispute Resolution | Not available in 2024 |
12.5 |
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS90140 | Disputes and Ethics | Semester 2 (On Campus - Parkville) |
12.5 |
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
Students who have completed any of the below subjects are not permitted to take LAWS50084 Construction Law:
BLAW40001
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS70128 | Advanced Construction Law | August (On Campus - Parkville) |
12.5 |
LAWS70176 | Construction Law | March (On Campus - Parkville) |
12.5 |
LAWS70314 | Principles of Construction Law |
August (On Campus - Parkville)
February (On Campus - Parkville)
|
12.5 |
LAWS70469 | Construction Law | Semester 1 (On Campus - Parkville) |
12.5 |
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
- Class participation (10%) based on contribution generally to the seminar discussion across the teaching period;
and EITHER
- 6,000 word independent research paper on a topic set or approved by the Subject Coordinator (90%)
OR
- 5,000 word take-home exam (Friday-Monday) (90%).
The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- Semester 1
Principal coordinator Matthew Bell Mode of delivery On Campus (Parkville) Contact hours 36 hours Total time commitment 144 hours Teaching period 4 March 2019 to 2 June 2019 Last self-enrol date 15 March 2019 Census date 31 March 2019 Last date to withdraw without fail 10 May 2019 Assessment period ends 28 June 2019 Semester 1 contact information
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Time commitment details
144 hours
Additional delivery details
This subject has an enrolment quota of 60 students. Your subject enrolment will not be confirmed until the selection process has been run. Selection is conducted on a random basis with outcomes communicated to students shortly after re-enrolment closes. Please refer to the Melbourne Law School website for more information on the JD Quota Elective selection process.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
- Specialist materials will be made available from Melbourne Law School.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022