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Principles of Construction Law (LAWS70314)
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
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) | March July |
---|---|
Fees | Look up fees |
This subject will be delivered online in 2020 over the scheduled dates.
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.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
BLAW40001 Construction Law
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS70176 | Construction Law | March (On Campus - Parkville) |
12.5 |
LAWS70469 | Construction Law | May (On Campus - Parkville) |
12.5 |
LAWS50084 | Construction Law | February (On Campus - Parkville) |
12.5 |
Recommended background knowledge
This subject is recommended as an initial construction law subject for students who do not have a law degree.
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.
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
July
Description | Timing | Percentage |
---|---|---|
Take-home examination
| 18 - 21 September | 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 |
March
Description | Timing | Percentage |
---|---|---|
Take-home examination
| 17 - 20 April | 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 |
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- March
Principal coordinator Matthew Bell Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 5 February 2020 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 4 March 2020 to 10 March 2020 Last self-enrol date 10 February 2020 Census date 4 March 2020 Last date to withdraw without fail 27 March 2020 Assessment period ends 20 April 2020 - July
Principal coordinator Matthew Bell Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 1 July 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 29 July 2020 to 4 August 2020 Last self-enrol date 6 July 2020 Census date 30 July 2020 Last date to withdraw without fail 24 August 2020 Assessment period ends 21 September 2020
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.
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