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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), quantum meruit, remedies under the Australian Consumer Law and the grant of interlocutory injunctions.
In addition to the primary lecturer, this subject harnesses the specialist expertise of guest lecturers, including leading academic lawyers, legal practitioners and judges. Their combined experience draws not only on their rigorous understanding of black letter law, but also on extensive practising careers.
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
- Quantum meruit claims
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 the expert and specialised cognitive and technical skills required to practise as a professional engaged with legal remedies arising from construction projects
- 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 October 2019