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Principles of Construction Law (LAWS70314)

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

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Overview

Year of offer2019
Subject levelGraduate coursework Level 7
Subject codeLAWS70314
Campus
Parkville
Availability(Quotas apply)
February
August
FeesSubject EFTSL, Level, Discipline & Census Date

This subject is designed for construction law students without prior legal training (Construction Law is for students who have a law degree). It provides an overview of the broad spread of the construction law curriculum, from the statutory and common law landscape through legal aspects of project procurement and contracting to dispute avoidance and resolution options. This subject also provides detailed treatment of legal issues specific to construction law such as variations, quality, time and payment. The seminar format is supplemented by exercises to develop students’ skills in contract preparation and writing legal hypotheticals, and includes sessions on construction law research tools and techniques.

Principal topics include:

  • Overview of the regulatory regime for construction contracting
  • Causes of action in construction disputes
  • Contracting methodologies
  • Contract administration: standard forms of contract, tendering, contract preparation and minimising legal exposure
  • Role and liability of superintendents
  • Issues relating to sub-contracts
  • Variations
  • Quality of work
  • Latent conditions
  • Time, programming and liquidated damages
  • Contractual mechanisms for payment and security of payment legislation
  • Security for performance
  • Insurance
  • Dispute avoidance procedures and alternative dispute resolution
  • Construction litigation and arbitration (domestic and international).

Intended learning outcomes

A student who has successfully completed this subject will:

  • Have an advanced and integrated understanding, in an inter-disciplinary context, of the role and function of law in relation to construction projects
  • Have enhanced their expert and specialised cognitive and technical skills required to practise as a professional engaged with legal aspects of the construction industry
  • Be familiar with, be able to critically reflect on, and be confident in working across, the interaction between the technical, commercial and legal aspects of construction procurement
  • Be able to demonstrate the analytical and communication skills required to independently investigate, examine and synthesise existing and emerging legal issues relating to construction projects.

Eligibility and requirements

Prerequisites

None

Corequisites

None

Non-allowed subjects

Students who have completed any of the below subjects are not permitted to take LAWS70314 Principles of Construction Law:

BLAW40001 Construction Law

Code Name Teaching period Credit Points
LAWS70176 Construction Law
March
12.5
LAWS70469 Construction Law
Semester 1
12.5
LAWS50084 Construction Law
Semester 1
12.5

Recommended background knowledge

This subject is recommended as an initial construction law subject for students who do not have a law degree.

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

Take-home examination (5,000 words) (100%)

  • Semester 1: 5 - 8 April
  • Semester 2: 20 - 23 September

A minimum of 75% attendance is a hurdle requirement.

Quotas apply to this subject

Dates & times

  • February
    Principal coordinatorMatthew Bell
    Mode of deliveryOn Campus — Parkville
    Contact hours24-34 hours
    Total time commitment150 hours
    Pre teaching start date16 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 fail 8 March 2019
    Assessment period ends 8 April 2019

    February contact information

    Lecturer

    Mr Matthew Bell, Coordinator

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

  • August
    Principal coordinatorMatthew Bell
    Mode of deliveryOn Campus — Parkville
    Contact hours24-34 hours
    Total time commitment150 hours
    Pre teaching start date10 July 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 period14 August 2019 to 20 August 2019
    Last self-enrol date28 June 2019
    Census date14 August 2019
    Last date to withdraw without fail30 August 2019
    Assessment period ends23 September 2019

    August contact information

    Lecturers

    Mr Matthew Bell, 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

Last updated: 13 September 2019