|Year of offer||2019|
|Subject level||Graduate coursework Level 7|
|Fees||Subject EFTSL, Level, Discipline & Census Date|
This subject develops advanced skills in the drafting and analysis of construction contracts. It covers several standard forms of construction contract, including a Standards Australia contract and an International Federation of Consulting Engineers (FIDIC) contract. The subject teaches best practice in plain English drafting techniques and provides ample opportunity for students to exercise and be tested on their drafting skills. Students will be given individual comments on their work during the subject.
The subject lecturer and highly respected guest lecturers bring to the classroom extensive practising and academic experience in construction contracts.
This subject is designed to give students a sound understanding of the law concerning express and 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. Close study and comparison of standard forms of construction contract is a major feature of the subject. So too is the development of individual drafting skills.
Principal topics include:
- Techniques for contract drafting
- Express and implied contractual terms
- Contract interpretation and analysis
- 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) used on construction projects
- Have enhanced their skills in analysing and drafting construction contracts
- Be able to reflect critically on the interaction between the technical, commercial and legal aspects of construction contract drafting and analysis
- Be able to investigate, examine and analyse existing and emerging legal issues relating to construction contracts.