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Construction Project Delivery Law (LAWS90207)
Graduate courseworkPoints: 12.5Not available in 2022
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.
Overview
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This subject offers an overview of the construction law curriculum, satisfying the pre-requisites for students to pursue further subjects in the construction law program.
It puts key current issues in construction project delivery into their broader context, including contracting and risk allocation modes, regulatory reforms, claims and remedies. The subject examines these issues in the context of the entire project life cycle. A significant focus is upon how construction law in all its forms – common law, statutory, contracts or otherwise – can be sensibly reformed by project parties and their lawyers via collaborative project planning and execution.
Principal topics include:
- Overview of the common law and statutory regimes for construction contracting
- Understanding the drivers of project stress and failure, including analysis of stakeholders, the broader approvals and social context in which projects are delivered and holistic project risk allocation and management in the context of complex current projects
- Contracting: delivery modes, role of standard forms
- Role and liability of superintendents
- Sub-contracts
- Variations
- Quality and defects
- Latent conditions
- Time, programming and liquidated damages
- Contractual mechanisms for payment and security of payment legislation
- Security for performance
- Current approaches to dispute management in major project delivery, including contemporary and innovative approaches to dispute management and avoidance in major projects
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding, in an inter-disciplinary context, of the role and function of law in relation to construction projects
- Have an appreciation of how construction projects are developed and delivered from concept to execution
- Have the skills to be able to identify and evaluate areas of risk in major project delivery
- Be familiar with, be able to critically reflect on, and be confident in working across, the interaction between the technical, commercial and legal aspects of construction procurement
- Be able to demonstrate the analytical and communication skills required to independently investigate, examine and synthesise existing and emerging legal issues relating to construction projects
- Have an advanced and specialised understanding of different forms of major project delivery in the construction sector
- Understand the pressure points in construction project delivery, and why projects fail
- Understand how project disputes emerge, and the different forms of dispute management.
Last updated: 10 November 2023
Eligibility and requirements
Prerequisites
Admission into a relevant Melbourne Law Masters program
Corequisites
None
Non-allowed subjects
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50084 | Construction Law | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
LAWS70176 | Construction Law | March (On Campus - Parkville) |
12.5 |
LAWS70314 | Principles of Construction Law |
August (Off Campus)
August (Dual-Delivery - Parkville)
February (Dual-Delivery - Parkville)
|
12.5 |
LAWS70469 | Construction Law | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS90099 | Major Project Delivery: Legal Interfaces | July (On Campus - Parkville) |
12.5 |
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: 10 November 2023
Assessment
Description | Timing | Percentage |
---|---|---|
Take-home exam
| 2 - 5 July | 100% |
Attendance Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online. | N/A |
Last updated: 10 November 2023
Quotas apply to this subject
Dates & times
Not available in 2022
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: 10 November 2023
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
Contact law-admissions@unimelb.edu.au for more information.
Last updated: 10 November 2023