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Global Perspectives on Construction Law (LAWS70450)
Graduate coursework level 7Points: 12.5Not available in 2021
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.
Overview
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A distinguishing characteristic of international construction projects is the challenge that collaborating with stakeholders from different national cultures and legal jurisdictions can present. A number of troublesome issues repeatedly manifest themselves on international construction projects and often the intangible nature of the influence of national culture in construction law is only considered at a superficial level. In seeking to address these troublesome issues the suitability of the existing procurement, commercial management and dispute resolution models are being questioned more and more. At the same time a digital transformation in the international construction industry is gathering pace with the wider adoption of Building Information Modelling (BIM) in the hope that BIM can facilitate a collaborative culture in the industry.
Using award winning innovative teaching and learning interventions (including Rich Pictures in Construction Law), this subject explores the troublesome issues that manifest themselves on international construction projects from an industry-focused global perspective.
The subject will provide an in-depth understanding of the influence of national culture in the context of these troublesome issues and consider the necessity for national culture to be considered in the adoption of potential solutions to them.
Paul Tracey is a dual-qualified chartered quantity surveyor with a degree in law. He has over 30 years of international experience acting as a commercial manager and expert witness and is the Programme Leader of the LLM / MSc in Construction Law and Practice Masters at the University of Salford.
The subject will draw extensively upon authentic industry experience and seek to capture global perspectives on the subject matter using case studies from projects in Asia, Europe and South America.
Principal topics include:
- The critical analysis of different procurement strategies and contractual arrangements on international construction projects and the potential for a more collaborative approach
- Commercial risk management on international construction projects, including: choice of law, unforeseen or latent conditions, liquidated damages, caps on liability, consequential loss, and dispute resolution mechanisms
- Managing time, cost and performance risk on international construction projects using contractual mechanisms, including the challenges of managing change on international construction projects
- Preparing prolongation and disruption claims on international construction projects
- The potential of 5D BIM in the international construction industry in a construction law and practice context and how BIM can be utilised to avoid and resolve disputes
- The influence of national culture on the preparation, evaluation and negotiation of time and money claims on international construction projects
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced understanding in a comparative context of the aims and methods of the law as it particularly applies to the delivery of international construction projects
- Have a detailed understanding of the cultural, economic, legal, physical, political and technical issues that commonly affect international construction projects
- Be able to deal at an advanced level with some of the major points of distinction in construction law and practice in different jurisdictions
- Have a subtle appreciation of comparative legal and non-legal approaches to time and money claims on international construction projects
- Have the technical skills to independently examine, research and analyse comparative approaches to construction law and practice
- Be able to contribute meaningfully to ongoing debates about optimal ways of dealing with all of these matters at a policy level
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Students must meet one of the following prerequisite options:
Option 1
Admission into a relevant Melbourne Law Masters program
Option 2
Admission into the MC-JURISD Juris Doctor
AND
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50029 | Contracts | Semester 2 (Dual-Delivery - Parkville) |
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 |
---|---|---|
Option 1: Take-home examination
| 8 - 11 May | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 1 July | 100% |
Hurdle requirement: A minimum of 75% attendance | 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
Not available in 2021
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 printed materials will be made available free of charge from the Melbourne Law School prior to 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