Handbook home
Advanced Construction Law (LAWS70128)
Graduate coursework level 7Points: 12.5Online
Please refer to the return to campus page for more information on these delivery modes and students who can enrol in each mode based on their location.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
September
Lecturers
Professor Ian Bailey AM SC, Coordinator
Mr Michael Earwaker
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | September - Online |
---|---|
Fees | Look up fees |
This subject is explicitly aimed at enhancing students’ ability to make a significant contribution to the ongoing development of construction law in Australia and overseas. The emphasis is on analysing and testing cutting-edge case law, commentary and other legal developments in the classroom and via research papers.
In addition to the core areas of time (including delay claims methodologies), workscope/variations, defective work and security, detailed treatment is given to extra-contractual remedies such as those under the Australian Consumer Law and those based on unjust enrichment and negligence.
This subject is held in Sydney, New South Wales.
Principal topics include claims in the following categories:
- Time: risk allocation, delay, liability for delay, extensions of time
- Methods for assessment of delay
- Concurrency, causation, damages and additional cost, assessment and analysis
- Prevention and liquidated damages: recent developments
- Scope of work: variations, adjustments under the contract
- Quality: measure of quality, identification and breach of required standard
- Assessment of quality and damages
- Security: for performance and for payment, access to security
- Australian Consumer Law: application in construction, tender documents
- Passing on of misleading and deceptive documents, unconscionable conduct, remedies
- Interpretation of contracts
- Equitable remedies
- Restitution: unjust enrichment, statutory exclusion, quantum meruit
- Payment: progress payments—certification and adjudication
- Negligence in construction.
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.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Admission into a relevant Melbourne Law Masters program
AND
One of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS70176 | Construction Law | April (Online) |
12.5 |
LAWS70314 | Principles of Construction Law |
August (Dual-Delivery - Parkville)
March (Online)
|
12.5 |
LAWS90207 | Construction Project Delivery Law | May (Online) |
12.5 |
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
Description | Timing | Percentage |
---|---|---|
Research paper on a topic approved by the subject coordinator
| 24 November 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 |
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- September - Online
Principal coordinator Ian Bailey Mode of delivery Online Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 4 August 2021 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. NOTE: This subject is held in Sydney, New South Wales Teaching period 1 September 2021 to 7 September 2021 Last self-enrol date 9 August 2021 Census date 2 September 2021 Last date to withdraw without fail 15 October 2021 Assessment period ends 24 November 2021 September contact information
Lecturers
Professor Ian Bailey AM SC, Coordinator
Mr Michael EarwakerEmail: 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 in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted 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.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
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:
Type Name Course Graduate Diploma in Construction Law Course Master of Construction Law Course Master of Laws Course Master of Commercial Law Course Graduate Diploma in Legal Studies - 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