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Construction Law (LAWS50084)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
Availability(Quotas apply) | February |
---|---|
Fees | Look up fees |
This subject introduces students to the specialised field of construction law. Whilst the focus is primarily upon the domestic Australian law, many of the key themes and legal principles are encountered internationally; thus, an understanding of construction law in its comparative context will also be engendered.
The subject develops and integrates legal knowledge from across many sub-disciplinary fields (e.g. contract law and torts law), augmenting this through study of specific case law and legislation, and relevant multidisciplinary knowledge, to build an understanding of the complex interactions that define construction law.
Topics addressed will range from the common law and statutory landscape applying to construction law, through project procurement strategies and the specific legal issues which typically occur on projects (including unforeseen site conditions, work scope variation, time delays and payment claims), to means by which disputes can be avoided, managed and resolved.
Intended learning outcomes
On completion of this subject, students should have:
Integrated understanding of the following specialised subject-matter:
- key elements of the legal framework governing construction law (common law, statutory and industry-based (e.g.standard forms)).
- choice of contracting methodology for project delivery.
- legal issues arising in contract administration, including tendering and contract preparation.
- professional liability, including that of superintendents.
- sub-contract drafting and risk allocation.
- claims arising from variations to the work.
- the particular legal requirements and liabilities arising in relation to quality and defects, latent conditions and time.
- the importance of payment within the industry, including contractual and statutory regimes for enforcing payment and securing obligations under contracts.
- appropriate means of avoiding and resolving disputes.
Students should also have:
- a capacity to critically compare and analyse the legal framework applicable to construction law across Australian and overseas jurisdictions, as relevant, and to consider recommendations for reform of aspects of the Australian approaches in light of those comparisons.
A sophisticated appreciation of, and ability to engage in:
- the complex theoretical, policy and practical debates taking place internationally in relation to construction law.
- the balance to be struck between the protection of the vulnerable (including consumers) and freedom to contract.
- moving beyond adversarialism in contracting without abandoning commercial certainty.
- the extent to which construction contracting should be regulated by statute.
- whether – and, if so, how – an appropriate balance can be struck between expedition and natural justice in the management and resolution of construction disputes.
Generic skills
On completion of the subject, students should have developed their skills in the following areas:
- specialist understanding, interpretation, critical reflection, synthesis and comparison of texts relating to construction law from the various Australian jurisdictions and overseas;
- analysing, comparing and reflecting critically on policy documents relating to construction law from the various Australian jurisdictions and overseas;
- generating and evaluating proposals for reform of Australian construction law having regard to interstate and international experience;
- developing a research question relevant to this complex field, creatively carrying out research involving diverse domestic (and, where appropriate, international) sources, and preparing a substantial piece of writing displaying sophisticated investigation,
- analysis, synthesis and application of theoretical understanding; and
- formulating and articulating views on difficult technical issues relating to construction law in oral discussion, in a manner displaying the development of professional judgment.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Successful completion of the below subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning |
Summer Term (On Campus - Parkville)
April (On Campus - Parkville)
|
12.5 |
LAWS50024 | Principles of Public Law |
Semester 1 (On Campus - Parkville)
June (On Campus - Parkville)
|
12.5 |
LAWS50026 | Obligations |
May (On Campus - Parkville)
Semester 1 (On Campus - Parkville)
|
12.5 |
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
And one of:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50027 | Dispute Resolution | Not available in 2024 |
12.5 |
LAWS90140 | Disputes and Ethics | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
Students who have completed any of the below subjects are not permitted to take LAWS50084 Construction Law:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS70128 | Advanced Construction Law | August (On Campus - Parkville) |
12.5 |
LAWS70176 | Construction Law | March (On Campus - Parkville) |
12.5 |
LAWS70314 | Principles of Construction Law |
July (On Campus - Parkville)
March (On Campus - Parkville)
|
12.5 |
LAWS70469 | Construction Law | May (On Campus - Parkville) |
12.5 |
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
Description | Timing | Percentage |
---|---|---|
Take-home exam
| 40% | |
Independent research paper on a topic set or approved by the Subject Coordinator
| 60% |
Additional details
The due date of the above assessments will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- February
Principal coordinator Matthew Bell Mode of delivery On Campus (Parkville) Contact hours 36 hours Total time commitment 144 hours Pre teaching start date 20 January 2020 Pre teaching requirements Students are expected to access and review the Reading Guide and subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide to confirm prescribed resources and any other preparation required before the teaching period commences. Teaching period 10 February 2020 to 14 February 2020 Last self-enrol date 24 January 2020 Census date 10 February 2020 Last date to withdraw without fail 28 February 2020 Assessment period ends 15 March 2020
Additional delivery details
This subject has an enrolment quota of 60 students.
Enrolments occur on a first come, first served basis up to quota, except for the timely re-enrolment period. Timely enrolments enter a selection process, and unsuccessful enrolments are withdrawn.
Please refer to the Melbourne Law School website for further information about the management of subject quotas.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
- Specialist materials will be made available from Melbourne Law School.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - 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: 3 November 2022