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Construction Contract Analysis, Drafting (LAWS70270)

Graduate coursework level 7Points: 12.5On Campus (Parkville)

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Overview

Year of offer2019
Subject levelGraduate coursework Level 7
Subject codeLAWS70270
Campus
Parkville
Availability(Quotas apply)
February
November
FeesSubject 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.

Eligibility and requirements

Prerequisites

Successful completion of either of the below subjects:

Code Name Teaching period Credit Points
LAWS70314 Principles of Construction Law
February
August
12.5
LAWS70176 Construction Law
March
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.

Core participation requirements

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

  • The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
  • The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
  • The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
  • The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
  • The ability to work independently and as a part of a group;
  • The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.

Assessment

Additional details

  • Written assessment submitted during the subject (15%)
  • Take-home examination (4,500 words) (85%)
    • Semester 1: 5 - 8 April
    • Semester 2: 10 - 13 January 2020

A minimum of 75% attendance is a hurdle requirement.

Quotas apply to this subject

Dates & times

  • February
    Principal coordinatorWayne Jocic
    Mode of deliveryOn Campus — Parkville
    Contact hours24-34 hours
    Total time commitment150 hours
    Pre teaching start date23 January 2019
    Pre teaching requirementsThe 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 period20 February 2019 to 26 February 2019
    Last self-enrol date 7 December 2018
    Census date20 February 2019
    Last date to withdraw without fail15 March 2019
    Assessment period ends 8 April 2019

    February contact information

    Lecturers

    Mr Wayne Jocic, Coordinator

    Email: law-masters@unimelb.edu.au
    Phone: +61 3 8344 6190
    Website: law.unimelb.edu.au

  • November
    Principal coordinatorWayne Jocic
    Mode of deliveryOn Campus — Parkville
    Contact hours24-34 hours
    Total time commitment150 hours
    Pre teaching start date23 October 2019
    Pre teaching requirementsThe 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 period20 November 2019 to 26 November 2019
    Last self-enrol date 3 March 2019
    Census date20 November 2019
    Last date to withdraw without fail13 December 2019
    Assessment period ends13 January 2020

    November contact information

    Lecturers

    Mr Wayne Jocic, Coordinator

    Email: 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.

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.

  • 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.

  • 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: 8 September 2019