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Specialised Construction Procurement Law (LAWS70436)

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

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Overview

Year of offer2019
Subject levelGraduate coursework Level 7
Subject codeLAWS70436
Campus
Parkville
Availability(Quotas apply)
June
FeesSubject EFTSL, Level, Discipline & Census Date

While ‘Construct Only’ and ‘Design and Construct’ delivery methodologies remain the most common form of construction procurement, principals and contractors increasingly are delivering construction projects via innovative procurement methodologies. This subject—designed to complement the existing infrastructure delivery subjects already offered within our program—provides students with a detailed knowledge of tendering, specialised forms of construction procurement and other key contract forms currently in use in the Australian construction and infrastructure market. This subject also provides an overview of the key legal and commercial issues affecting these procurement methods and specialised construction contracts.

The lecturer, Richard Wilkinson, is a construction lawyer and alumnus of the Master of Construction Law. In addition to bringing to the classroom his own extensive experience in construction procurement law, Richard harnesses the specialist expertise of leading construction practitioners as guest lecturers.

Principal topics include:

  • Invitations to tender
  • Unsolicited proposals
  • Collaborative contracting
  • Managing contractor agreements
  • Engineering, procurement and construction agreements and engineering, procurement and construction management agreements
  • Consultancy agreements
  • ‘Design and construct’ joint venture agreements
  • Consortium agreements
  • Contracting arrangements in the renewables sector
  • Design-build-operate agreements and design-build-operate-maintain agreements.

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.

Eligibility and requirements

Prerequisites

Successful completion of Principles of Construction Law (LAWS70314) or Construction Law (LAWS70176) is required.

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

  • Take-home examination (5,000 - 6,000 words) (100%) (9 - 12 August)
    or
  • Research paper (8,000 - 10,000 words) (100%) (11 September) on a topic approved by the subject coordinator

A minimum of 75% attendance is a hurdle requirement.

Quotas apply to this subject

Dates & times

  • June
    Principal coordinatorRichard Wilkinson
    Mode of deliveryOn Campus — Parkville
    Contact hours24-34 hours
    Total time commitment150 hours
    Pre teaching start date15 May 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 period19 June 2019 to 25 June 2019
    Last self-enrol date22 May 2019
    Census date19 June 2019
    Last date to withdraw without fail 2 August 2019
    Assessment period ends11 September 2019

    June contact information

    Lecturers

    Mr Richard Wilkinson (Coordinator)
    Mr Rob Radici

    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 materials will be made available free of charge from 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: 23 July 2019