Handbook home
Construction Contract Analysis, Drafting (LAWS70270)
Graduate coursework level 7Points: 12.5Online and On Campus (Parkville)
From 2023 most subjects will be taught on campus only with flexible options limited to a select number of postgraduate programs and individual subjects.
To learn more, visit COVID-19 course and subject delivery.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
February
Lecturer
Wayne Jocic (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
November
Lecturer
Wayne Jocic (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | February - Online November - On Campus |
---|---|
Fees | Look up fees |
This subject is designed to develop and enhance students’ abilities to draft, analyse and administer construction contracts at an advanced level. It does this by reference to three themes.
The first theme is the common law approach to written contracts. This begins with the techniques that courts and arbitrators use to interpret express contractual terms. It extends to the processes that courts and arbitrators follow to determine whether a contract includes any implied terms. This knowledge is vital throughout the life of construction projects, from negotiations, to contract administration, to formal disputes. Students will explore the relevant law by close reference to leading cases from Australia and the common law world.
The second theme is good legal writing. The focus is plain language drafting and its principles of structure, simplicity and clarity. These principles apply to formal contractual drafting, but also to the drafting of contractual specifications and everyday correspondence. There will be opportunities for students to apply these principles.
The final theme is the rigorous study and comparison of standard form construction contracts, including a Standards Australia contract and a FIDIC contract. Students will be expected to take a critical approach to the drafting and risk allocation of each contract. The main areas of risk allocation considered will include:
- Performance security
- Latent conditions
- The superintendent
- Quality and defects
- Time
- Variations
- Payment
- Dispute resolution
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced understanding of the role and function of contracts used on construction projects
- Have enhanced their skills in analysing and drafting construction contracts
- Be able to reflect critically on the interaction between the technical, commercial and legal aspects of construction contracts
- Be able to investigate, examine and analyse existing and emerging legal issues relating to construction contracts.
Last updated: 31 January 2024
Eligibility and requirements
Prerequisites
Successful completion of any of the following subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS70314 | Principles of Construction Law |
August (Off Campus)
August (Dual-Delivery - Parkville)
February (Dual-Delivery - Parkville)
|
12.5 |
LAWS70176 | Construction Law | March (On Campus - Parkville) |
12.5 |
LAWS90207 | Construction Project Delivery Law | Not available in 2024 |
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: 31 January 2024
Assessment
February
Description | Timing | Percentage |
---|---|---|
Interim written assessment
| During the teaching period | 15% |
Take-home examination
| 8 - 11 April 2022 | 85% |
Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online, however attendance at all live online sessions is expected. | Throughout the teaching period | N/A |
November
Description | Timing | Percentage |
---|---|---|
Interim written assignment
| During the teaching period | 15% |
Take-home examination
| 13 - 16 January 2023 | 85% |
Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online, however attendance at all live online sessions is expected. | Throughout the teaching period | N/A |
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
- February - Online
Principal coordinator Wayne Jocic Mode of delivery Online Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 12 January 2022 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 9 February 2022 to 15 February 2022 Last self-enrol date 17 January 2022 Census date 10 February 2022 Last date to withdraw without fail 11 March 2022 Assessment period ends 11 April 2022 February contact information
Lecturer
Wayne Jocic (Coordinator)Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au - November - On Campus
Principal coordinator Wayne Jocic Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 19 October 2022 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 16 November 2022 to 22 November 2022 Last self-enrol date 24 October 2022 Census date 17 November 2022 Last date to withdraw without fail 16 December 2022 Assessment period ends 16 January 2023 November contact information
Lecturer
Wayne Jocic (Coordinator)Email: 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: 31 January 2024
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 Commercial Law Course Master of Laws Course Master of Construction 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-masters@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: 31 January 2024