|Year of offer||2019|
|Subject level||Graduate coursework Level 7|
|Fees||Subject 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
- Quality of work
- Latent conditions
- Time, programming and liquidated damages
- Contractual mechanisms for payment and security of payment legislation
- Security for performance
- 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
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|
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.
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
Principal coordinator Matthew Bell Mode of delivery On Campus — Parkville Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 16 January 2019 Pre teaching requirements The 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 period 20 February 2019 to 26 February 2019 Last self-enrol date 7 December 2018 Census date 20 February 2019 Last date to withdraw without fail 8 March 2019 Assessment period ends 8 April 2019
February contact information
Principal coordinator Matthew Bell Mode of delivery On Campus — Parkville Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 10 July 2019 Pre teaching requirements The 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 period 14 August 2019 to 20 August 2019 Last self-enrol date 28 June 2019 Census date 14 August 2019 Last date to withdraw without fail 30 August 2019 Assessment period ends 23 September 2019
August contact information
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.
Specialist materials will be made available free of charge from Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- 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 firstname.lastname@example.org 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.