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Pleaserefer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
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This subject builds on the general legal principles and methodologies covered in earlier subjects. It is tailored to the need for construction professionals enrolled in the Master of Construction Management, to have an advanced and integrated understanding of the role of law and its application to the industry.
Topics to be covered include: causes of action; contracting methodologies and selection (including traditional and alternative forms of contract); the regulatory framework (including security of payment legislation); legal aspects of time, cost and quality; subcontracting; insurance and performance security; and dispute resolution and avoidance.
Intended learning outcomes
Students who successfully complete the subject will be able to demonstrate an advanced understanding of the following specialised areas, practical skills and analytical modes:
- The evolving interplay between common law and legislative regulation in the construction industry, and the appropriateness of current and proposed reforms in the area;
- Legal research and analysis, including the ability to apply legal modes of reasoning to commonly-encountered causes of dispute in the construction industry;
- Recommendation of appropriate contract delivery methodologies (including hybrid models) and dispute avoidance and resolution modes;
- How standard forms contracts in common use in the industry deal with key issues such as time, payment and quality; and
- The impact of interdisciplinary perspectives on construction practice.
On successful completion of the subject, students will have developed the following skills to the advanced level appropriate to interdisciplinary professionals working in the construction industry:
- The capacity for close reading and analysis of a range of sources relevant to construction law;
- The capacity to engage in critical thinking and to bring to bear a range of conceptual analyses upon a given subject matter;
- The capacity for independent thought and reflection on issues and principles relevant to construction law;
- The capacity to articulate knowledge and understanding of complex ideas relating to construction law in written form;
- The ability to engage in interdisciplinary work;
- The further enhancement of academic writing that engages with various modes of expression including descriptive, analytical and critical forms; and
- The ability to confront unfamiliar or challenging issues and to consider appropriate ethical responses.
Last updated: 29 October 2020