Rethinking Construction Contracting Risk (LAWS90229)
Graduate courseworkPoints: 12.5Dual-Delivery (Parkville)
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About this subject
Contact information
June
Lecturers
Phillip Greenham (Coordinator)
Rebecca Dickson
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
| Availability(Quotas apply) | June - Dual-Delivery |
|---|---|
| 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: 31 January 2024
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: 31 January 2024
Assessment
| Description | Timing | Percentage |
|---|---|---|
Option 1, Part 1: Class presentation
| During the teaching period | 20% |
Option 1, Part 2: Take-home exam
| 19 - 22 August 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)
| 21 September 2022 | 80% |
| 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. | N/A |
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
- June
Principal coordinator Phillip Greenham Mode of delivery Dual-Delivery (Parkville) Contact hours Students are expected to attend all sessions whether participating on-campus or remotely. Total time commitment 144 hours Pre teaching start date 1 June 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 29 June 2022 to 5 July 2022 Last self-enrol date 6 June 2022 Census date 30 June 2022 Last date to withdraw without fail 19 August 2022 Assessment period ends 21 September 2022 June contact information
Lecturers
Phillip Greenham (Coordinator)
Rebecca DicksonEmail: 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
- 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
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.
Last updated: 31 January 2024