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International Construction Law (LAWS70139)
Graduate coursework level 7Points: 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
December
Lecturers
Dr Donald Charrett, Coordinator
Sharon Vogel
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
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) | December |
---|---|
Fees | Look up fees |
This subject will be delivered online in 2020 over the scheduled dates.
Cross-border construction contracting, and the avoidance and conduct of international construction disputes, has a distinctive character and content.
Lawyers and industry professionals need to be familiar with the differences between legal systems and the impact of statutory law, the key issues in the international financing and procurement of projects, the range of standard form international contracts available for various delivery methodologies, along with the intricacies associated with those processes in an international context.
As well, this subject provides detailed treatment of both dispute avoidance techniques used in international projects and an introduction to the principles and practice of international arbitration in the construction context.
The lecturers, Dr Donald Charrett and Sharon Vogel, have extensive experience in aspects of international procurement and dispute resolution.
Principal topics include:
- Discussion of the key differences between common law and civil law, and how they impact on the practice of construction law in different jurisdictions
- The role of statute law applicable to the construction site, such as security of payment and mechanics’ lien legislation
- Key issues in the financing and delivery of international construction projects, including alternative financing such as PPP
- Analysis of international construction contracts including an examination of contracting models and standard-form contracts for international construction projects (including the International Federation of Consulting Engineers (FIDIC) suite)
- Key elements of contractual risk allocation including project security (bonds, letters of credit, and guarantees), insurance, regulatory risks, political risks, etc.
- An examination of international bodies dealing with the determination or resolution of international construction disputes
- An introduction to the jurisdictional, applicable law and procedural framework for the prosecution, determination and enforcement of construction disputes through international arbitration
- Identification and consideration of contractual and extra-contractual alternative dispute resolution (ADR) and dispute avoidance procedures (DAPs) in the context of international construction.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding, in a comparative and contemporary context, of the role and functions of law in relation to construction projects involving international parties in different jurisdictions
- Have enhanced their expert and specialised cognitive and technical skills required to practise as interdisciplinary professionals in the construction industry in Australia and overseas
- 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 in Australia and overseas
- Be able to demonstrate the research and communication skills required to independently investigate, examine and analyse existing and emerging legal issues relating to construction projects in Australia and overseas.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
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.
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 |
---|---|---|
Option 1: Take-home examination
| 29 Janaury - 1 February 2021 | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 24 February 2021 | 100% |
Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online. | Throughout the teaching period | N/A |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- December
Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 9 November 2020 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 7 December 2020 to 11 December 2020 Last self-enrol date 13 November 2020 Census date 9 December 2020 Last date to withdraw without fail 18 January 2021 Assessment period ends 24 February 2021 December contact information
Lecturers
Dr Donald Charrett, Coordinator
Sharon VogelEmail: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject includes class on a Saturday in 2019.
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.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- 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: 3 November 2022