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Principles of Construction Law (LAWS70314)
Graduate coursework level 7Points: 12.5On Campus (Parkville), Dual-Delivery (Parkville), and Off Campus
To learn more, visit 2023 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(s)
Wayne Jocic (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
March
Lecturer(s)
Wayne Jocic (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
July
Lecturer
Associate Professor Matthew Bell (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Overview
| Availability(Quotas apply) | February - Off Campus March - On Campus July - Dual-Delivery |
|---|---|
| Fees | Look up fees |
This subject is designed for construction law students without prior legal training (Construction Law is for students who have a law degree). It provides an overview of the broad spread of the construction law curriculum, from the statutory and common law landscape through legal aspects of project procurement and contracting to dispute avoidance and resolution options. This subject also provides detailed treatment of legal issues specific to construction law such as variations, quality, time and payment. The seminar format is supplemented by exercises to develop students’ skills in contract preparation and writing legal hypotheticals, and includes sessions on construction law research tools and techniques.
Principal topics include:
- Overview of the regulatory regime for construction contracting
- Causes of action in construction disputes
- Contracting methodologies
- Contract administration: standard forms of contract, tendering, contract preparation and minimising legal exposure
- Role and liability of superintendents
- Issues relating to sub-contracts
- Variations
- Quality of work
- Latent conditions
- Time, programming and liquidated damages
- Contractual mechanisms for payment and security of payment legislation
- Security for performance
- Insurance
- Dispute avoidance procedures and alternative dispute resolution
- Construction litigation and arbitration (domestic and international).
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 enhanced their expert and specialised cognitive and technical skills required to practise as a professional engaged with legal aspects of the construction industry
- 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.
Last updated: 31 January 2024
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 (On Campus - Parkville) |
12.5 |
| LAWS70176 | Construction Law | March (On Campus - Parkville) |
12.5 |
| LAWS70469 | Construction Law | Semester 1 (On Campus - Parkville) |
12.5 |
BLAW40001 Construction Law
Recommended background knowledge
This subject is recommended as an initial construction law subject for students who do not have a law degree.
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 |
|---|---|---|
Take-home examination
| 14-17 April 2023 | 100% |
| Hurdle requirement: A minimum of 75% attendance. | Throughout the teaching period | N/A |
July
| Description | Timing | Percentage |
|---|---|---|
Take-home examination
| 22 - 25 September 2023 | 100% |
| Hurdle requirement: A minimum of 75% attendance. | Throughout the teaching period | N/A |
March
| Description | Timing | Percentage |
|---|---|---|
Take-home examination
| 12 - 15 May 2023 | 100% |
| Hurdle requirement: A minimum of 75% attendance. | Throughout the teaching period | N/A |
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
- February - Off Campus
Principal coordinator Wayne Jocic Mode of delivery Off Campus Contact hours Total time commitment 150 hours Pre teaching start date 7 February 2023 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 21 February 2023 to 24 February 2023 Last self-enrol date 30 January 2023 Census date 22 February 2023 Last date to withdraw without fail 24 March 2023 Assessment period ends 17 April 2023 February contact information
Lecturer(s)
Wayne Jocic (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
- March - On Campus
Principal coordinator Wayne Jocic Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 15 February 2023 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 15 March 2023 to 21 March 2023 Last self-enrol date 20 February 2023 Census date 16 March 2023 Last date to withdraw without fail 14 April 2023 Assessment period ends 15 May 2023 March contact information
Lecturer(s)
Wayne Jocic (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au - July - Dual-Delivery
Principal coordinator Matthew Bell Mode of delivery Dual-Delivery (Parkville) Contact hours Students must attend all sessions whether participating on-campus or remotely. Total time commitment 150 hours Pre teaching start date 28 June 2023 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 26 July 2023 to 1 August 2023 Last self-enrol date 3 July 2023 Census date 27 July 2023 Last date to withdraw without fail 25 August 2023 Assessment period ends 25 September 2023 July contact information
Lecturer
Associate Professor Matthew Bell (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has a quota of 30 students, per offering.
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:
- 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