Rethinking Construction Contracting Risk (LAWS90229)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
February
Lecturers
Phillip Greenham (Coordinator)
Rebecca Dickson
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 |
|---|---|
| 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.
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 should be able to:
- Examine and explain 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;
- Critically analyse the philosophy and theory of risk allocation and the way in which such philosophy and theory is applied in the Australian construction industry;
- Confidently analyse the effectiveness and efficiency (or lack) of risk management approaches and make recommendations as to reform;
- Discuss and interpret how a deeper understanding of risk and the management of risk can drive positive evolution within the construction industry.
Last updated: 8 November 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: 8 November 2024
Assessment
| Description | Timing | Percentage |
|---|---|---|
Option 1, Part 1: Class presentation
| During the teaching period | 20% |
Option 1, Part 2: Take-home exam
| 12 - 15 April 2024 | 80% |
Option 2, Part 1: Class presentation
| During the teaching period | 10% |
Option 2, Part 2: Project plan
| To be advised during class | 10% |
Option 2, Part 3: Research Paper on a topic approved by the subject coordinator(s)
| 24 April 2024 | 80% |
| Hurdle requirement: A minimum of 75% attendance is required. | N/A |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Last updated: 8 November 2024
Quotas apply to this subject
Dates & times
- February
Principal coordinator Phillip Greenham Coordinator Rebecca Dickson Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 24 January 2024 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 2024 to 27 February 2024 Last self-enrol date 29 January 2024 Census date 22 February 2024 Last date to withdraw without fail 22 March 2024 Assessment period ends 24 April 2024 February contact information
Lecturers
Phillip Greenham (Coordinator)
Rebecca DicksonEmail: 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.
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: 8 November 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.
- Available to Study Abroad and/or Study Exchange Students
Last updated: 8 November 2024