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Rethinking Construction Contracting Risk (LAWS90229)
Graduate courseworkPoints: 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
November
Lecturers
Mr Phillip Greenham
Ms Rebecca Dickson
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability | November - Online |
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Fees | Look up fees |
This subject will explore construction project risk in an expansive and holistic way, offering students the opportunity to understand the political and commercial drivers that not only inform the allocation of risk but, also, influence the culture of the construction industry more generally. As many recent studies have highlighted, it is these cultural issues which are at the heart of many of the ills faced by construction procurement; this subject provides a uniquely valuable opportunity to diagnose those ills and to consider ways of addressing them.
Students will study what construction and project risks are, as well as (often overlooked) behavioural and documentation risks. Students will develop an understanding of the various approaches – philosophical, theoretical and commercial – for measuring and allocating risks between the parties involved in a construction project.
The subject encourages students to contemplate reform in the way that the construction industry approaches risk by interrogating whether current construction law, construction contracts and habits and behaviours are adequate and appropriate for the efficient and cost-effective management of risks.
The subject lecturers have combined experience spanning decades in the legal aspects of construction procurement, having between them held leadership positions within law firms, in-house counsel roles, been agents for change within construction-related societies and undertaken cutting-edge research into myriad aspects of construction law, including previously neglected but crucial ‘human’ factors including diversity and mental health.
Topics covered include:
- What is ‘risk’?
- Philosophy of risk allocation
- Stakeholder views of risk (private sector principal’s, government’s, economists’, contractors’, consultants’, financiers’ etc)
- Collaborative risk management
- ‘Megaproject’ risk (including public private partnerships)
- The insurance interface
- Emerging risks (eg pandemics, climate change, trade wars)
- Industry behaviour and culture
Intended learning outcomes
A student who has successfully completed this subject will:
- Have a demonstrated, advanced understanding of construction and project risks and the way in which their occurrence, allocation, avoidance, mitigation, and management informs the way in which construction law is practised and the construction industry operates;
- Be familiar with and capable of critically analysing the philosophy and theory of risk allocation and the way in which such philosophy and theory is applied in the Australian construction industry;
- Be able to confidently analyse the effectiveness and efficiency (or lack) of risk management approaches and make recommendations as to reform;
- Have an appreciation of how a deeper understanding of risk and the management of risk can drive positive evolution within the construction industry.
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
Description | Timing | Percentage |
---|---|---|
Option 1, Part 1: Class presentation
| During the teaching period | 20% |
Option 1, Part 2: Take-home exam
| 14 - 17 January 2022 | 80% |
Option 2, Part 1: Class presentation
| During the teaching period | 10% |
Option 2, Part 2: Project plan
| To be advised. | 10% |
Option 2, Part 3: Research Paper on a topic approved by the subject coordinator(s)
| 16 February 2022 | 80% |
Hurdle requirement: A minimum of 75% attendance. Note: the attendance is not a hurdle when the subject is delivered online, however it is expected that students are available for the entire study period and participate in all online activities. | N/A |
Last updated: 3 November 2022
Dates & times
- November - Online
Mode of delivery Online Contact hours Total time commitment 144 hours Pre teaching start date 27 October 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. Teaching period 24 November 2021 to 30 November 2021 Last self-enrol date 1 November 2021 Census date 25 November 2021 Last date to withdraw without fail 14 January 2022 Assessment period ends 16 February 2022 November contact information
Lecturers
Mr Phillip Greenham
Ms Rebecca DicksonEmail: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- 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.
Last updated: 3 November 2022