Construction Contracting: New Frontiers (LAWS90034)

Graduate courseworkPoints: 12.5Not available in 2023

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Overview

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This subject provides a detailed review and analysis of the ways in which the procurement and delivery of construction and engineering projects are changing to meet the demand for more efficient infrastructure, including improved 'whole of life’ outcomes and the reduction of claims and disputes. There is a particular focus on integrated project delivery, collaborative contracting and new technology. The subject covers a number of the current and emerging approaches to the procurement, contracting and delivery of construction and engineering projects and reviews a number of case studies from Australia, the United Kingdom and elsewhere.

Principal topics include:

  • An overview of the development of 'collaborative contracting’ and integrated project delivery methods to date (eg joint ventures, partnering, alliancing, managing contractor, public-private partnerships, electronic document management systems, whole of life) in Australia, the UK and elsewhere
  • Examining recent and emerging procurement and delivery approaches in Australia, the UK and elsewhere (including the specific legal and contractual issues implicit in such current and emerging approaches identified above), including in respect of:
    • Unsolicited proposals
    • Framework procurement models
    • Early contractor involvement (ECI)
    • Integrated project delivery (IPD)
    • Delivery partner (DP)
    • Equipment supply
    • Services alliances
    • Supply chain collaboration.
  • Examining the development and implementation of Building Information Modelling (BIM) in construction and engineering projects, including the specific legal and contractual issues associated with licensing of information technology systems, intellectual property and confidentiality generally, design risk and programming.

Intended learning outcomes

A student who has successfully completed this subject should:

  • have a detailed understanding of, and be able to contribute to debate about, the significance of the current and emergingapproaches to the procurement and contracting of construction and engineering projects in Australia, the UK and elsewhere.
  • be able to articulate and engage at an advanced level with the specific commercial, legal and contractual issues implicit in such current and emerging approaches, including those associated with: collaborative contracting' generally 'integrated project delivery' generally standard form procurement and contracting documentation (eg NEC3, PPC2000 and MCC-1 2003) people and culture capturing 'innovation' concepts of 'good faith' and 'best endeavours' in this contracting context design risk construction risk maintenance/ operability risk insurance issues (particularly professional indemnity insurance) intellectual property and confidentiality issues risk management frameworks and techniques remuneration and incentivisation BIM and digital information models claims and dispute resolution (including Dispute Adjudication Boards and similar 'dispute avoidance' models)
  • have the advanced cognitive, technical and creative skills to understand and be able to evaluate in a critical manner the current and emerging approaches and appreciate the main features, advantages and disadvantages of each.
  • be skilled in thinking creatively about the full range of procurement and delivery options and be able to analyse at an advanced level the legal, commercial and practical effects of adopting, refining and combining such options.

Last updated: 31 May 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 May 2024

Assessment

DescriptionTimingPercentage

Research paper on a topic approved by the subject coordinators

  • 8,000-10,000 words
29 July100%
Hurdle requirement: A minimum of 75% attendanceThroughout the teaching periodN/A

Last updated: 31 May 2024

Quotas apply to this subject

Dates & times

Not available in 2023

Time commitment details

136-150 hours The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.

Additional delivery details

This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.

Last updated: 31 May 2024

Further information

  • Texts

    Prescribed texts

    Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.

  • Related Handbook entries

    This subject contributes to the following:

    TypeName
    CourseMaster of Commercial Law
    CourseMaster of Laws
    CourseGraduate Diploma in Construction Law
    CourseMaster of Construction Law
    CourseGraduate Diploma in Legal Studies
  • Links to additional information

    law.unimelb.edu.au

  • 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-admissions@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 May 2024