International Construction Law (LAWS70139)

Graduate coursework level 7Points: 12.5Not available in 2025

You’re viewing the 2025 Handbook:
Or view archived Handbooks

Overview

FeesLook up fees

Cross-border construction contracting, and the avoidance and conduct of international construction disputes, has a distinctive character and content.

Lawyers and industry professionals need to be familiar with the differences between legal systems and the impact of statutory law, the key issues in the international financing and procurement of projects, the range of standard form international contracts available for various delivery methodologies, along with the intricacies associated with those processes in an international context.

As well, this subject provides detailed treatment of both dispute avoidance techniques used in international projects and an introduction to the principles and practice of international arbitration in the construction context.

Indicative list of principal topics:

  • Discussion of the key differences between common law and civil law, and how they impact on the practice of construction law in different jurisdictions
  • The role of statute law applicable to the construction site, such as security of payment and lien legislation
  • Key issues in the financing and delivery of international construction projects, including alternative financing such as PPP
  • Analysis of international construction contracts including an examination of contracting models and standard-form contracts for international construction projects (including the International Federation of Consulting Engineers (FIDIC) suite and collaborative contract models)
  • Key elements of contractual risk allocation including project security (bonds, letters of credit, and guarantees), insurance, regulatory risks, political risks, etc.
  • An examination of international bodies dealing with the determination or resolution of international construction disputes
  • An introduction to the jurisdictional, applicable law and procedural framework for the prosecution, determination and enforcement of construction disputes through international arbitration
  • Identification and consideration of contractual and extra-contractual alternative dispute resolution (ADR) and dispute avoidance procedures (DAPs) in the context of international construction.

Intended learning outcomes

A student who has successfully completed this subject should be able to:



  • Evaluate and explain, in a comparative and contemporary context, the role and functions of law in relation to construction projects involving international parties in different jurisdictions
  • Critically reflect on, and be confident in working across, the interaction between the technical, commercial and legal aspects of construction procurement in Australia and overseas
  • Investigate, examine and analyse existing and emerging legal issues relating to construction projects in Australia and overseas.

Last updated: 4 March 2025

Eligibility and requirements

Prerequisites


Corequisites


Non-allowed subjects


Recommended background knowledge

Applicants without legal qualifications should note that subjects are taught at an advanced graduate level and requires a thorough background in common law. While efforts are made to meet the needs of students trained in other fields, teaching and assessment activities are designed to give an advanced and integrated understanding of the discipline of law for legal practitioners, learners and researchers. 

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: 4 March 2025

Assessment

DescriptionTimingPercentage

Class participation

Throughout the teaching period20%

Option 1: Take-home examination

  • 4000-5000 words
5 - 8 December 202580%

Option 2: Research paper on a topic approved by the subject coordinator

  • 5000 words
17 December 202580%
Hurdle requirement: A minimum of 75% attendance is required.Throughout the teaching period0%

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: 4 March 2025

Quotas apply to this subject

Dates & times

Not available in 2025

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

Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, 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: 4 March 2025

Further information

Last updated: 4 March 2025