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Advanced Construction Law is designed as a capstone subject, explicitly aimed at enhancing students’ ability to make a significant contribution to the ongoing development of construction law in Australia and overseas. The emphasis is on analysing and testing cutting-edge case law, commentary and other legal developments in the classroom and via research papers.
In addition to the core areas of time (including delay claims methodologies), workscope/variations, defective work and security, detailed treatment is given to extra-contractual remedies such as those under the Australian Consumer Law and those based on unjust enrichment and negligence.
Principal topics include claims in the following categories:
- Time: risk allocation, delay, liability for delay, extensions of time
- Methods for assessment of delay
- Concurrency, causation, damages and additional cost, assessment and analysis
- Prevention and liquidated damages: recent developments
- Scope of work: variations, adjustments under the contract
- Quality: measure of quality, identification and breach of required standard
- Assessment of quality and damages
- Security: for performance and for payment, access to security
- Australian Consumer Law: application in construction, tender documents
- Passing on of misleading and deceptive documents, unconscionable conduct, remedies
- Interpretation of contracts
- Equitable remedies
- Restitution: unjust enrichment, statutory exclusion, quantum meruit
- Payment: progress payments—certification and adjudication
- Negligence in construction.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the role and function of law in relation to construction projects
- Have an advanced capacity to critically compare and analyse the legal framework applicable to construction across Australian and overseas jurisdictions, as relevant, and to consider recommendations for reform of aspects of the Australian approaches in light of those comparisons
- Have a sophisticated appreciation of, and ability to engage in, the complex theoretical, policy and practical debates taking place internationally in relation to construction law
- Through the assessment involving a research paper, have 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.
Last updated: 18 December 2020