Global Perspectives on Construction Law (LAWS70450)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
Contact information
November
Teaching Staff:
Dr Paul Tracey (Subject Coordinator)
Jim Mason (Subject Coordinator)
Overview
| Availability(Quotas apply) | November |
|---|---|
| Fees | Look up fees |
Increasingly, construction lawyers and professionals earn their living working internationally. In so doing, they not only transition legal systems and encounter different approaches to their practice, they also become exposed to the challenges of working with stakeholders from different national cultures.
National culture is seen as a contentious, intangible and immutable phenomenon, particularly in the international construction sector, and is often only considered at a superficial level and very often consigned to the “too difficult tray”. This subject provides an in-depth understanding of the influence of national culture in the context of a number of troublesome issues that repeatedly manifest themselves on construction projects whether in relation to procurement strategies, commercial risk management, time and money claims or dispute resolution.
The subject
- explores the necessity for national culture (and culture more broadly) to be considered in the adoption of potential solutions to these troublesome issues;
- explores the hegemonic theories relating to national culture and explain why these theories are of limited efficacy in relation to many of the troublesome issues on international construction projects;
- unravels the tangle of national culture complexity that industry practitioners often experience on international construction projects and will provide students with a theoretical construct to enable them to manage these troublesome issues more effectively; and
- sets out a theory, grounded in industry, that enables students to understand whether or not national culture is the root cause of the problem and, if not, what the potential solutions to the problem might be.
Using award winning innovative teaching and learning interventions (including Object Based Learning and Rich Pictures in Construction Law), this subject explores the troublesome issues that manifest themselves on international construction projects from an industry-focused global perspective.
The subject will draw extensively upon authentic research and industry experience that captures global perspectives on the subject matter including the use of live case studies from projects in Asia, Europe, the Middle East and South America.
Indicative list of principal topics:
- National culture and the tribal nature of the international construction industry.
- The critical analysis of different procurement strategies and contractual arrangements on international construction projects and the potential for a more collaborative approach.
- Commercial risk management on international construction projects, including: choice of law, unforeseen or latent conditions, liquidated damages, caps on liability, consequential loss and dispute resolution mechanisms.
- More effective approaches to the preparation and evaluation of time and money claims on international construction projects including forensic delay analyses.
- The potential of the digital transformation, in terms of, for example, Smart Contracts, Building Information Modelling (“BIM”) and other digital / sociolegal interventions to change the culture of the international construction industry in a construction law and practice context and how the digital transformation and these interventions could be utilised to avoid and resolve disputes.
- The influence of national culture on the commercial and legal aspects of international construction projects and the application of a constructivist grounded theory approach to enable practitioners to manage the perceived challenges of national culture more effectively.
Intended learning outcomes
A student who has successfully completed this subject should be able to:
- Examine, compare and contrast the aims and methods of the law as it applies to the delivery of international construction projects,
- Identify and explain cultural, economic, legal, physical, political, sociolegal and technical issues that commonly affect international construction projects,
- Discriminate between some various approaches to construction law and practice in different jurisdictions,
- Appraise the effectiveness of comparative legal and non-legal approaches to time and money claims on international construction projects,
- Examine, research and analyse comparative approaches to construction law and practice,
- Contribute meaningfully to ongoing debates about optimal ways of dealing with all of these matters at a policy level.
Last updated: 4 March 2025
Eligibility and requirements
Prerequisites
Students must meet one of the following prerequisite options:
Option 1
Admission into a relevant Melbourne Law Masters program
Option 2
Admission into the MC-JURISD Juris Doctor
AND
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
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
| Description | Timing | Percentage |
|---|---|---|
Participation | Throughout the teaching period | 10% |
Option 1: Take-home examination
| 12 - 15 December 2025 | 90% |
Option 2: Research paper on a topic approved by the subject coordinator
| 14 January 2026 | 90% |
| Hurdle requirement: A minimum of 75% attendance is required. | Throughout the teaching period | 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: 4 March 2025
Quotas apply to this subject
Dates & times
- November
Principal coordinator Paul Tracey Mode of delivery On Campus (Parkville) Contact hours 34 Total time commitment 150 hours Pre teaching start date 15 October 2025 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 12 November 2025 to 18 November 2025 Last self-enrol date 20 October 2025 Census date 14 November 2025 Last date to withdraw without fail 19 December 2025 Assessment period ends 30 January 2026 November contact information
Teaching Staff:
Dr Paul Tracey (Subject Coordinator)
Jim Mason (Subject Coordinator)For current student enquiries, contact the Law School Academic Support Office
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
- Texts
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Construction Law Course Master of Commercial Law Course Graduate Diploma in Construction Law Course Master of Laws Course Graduate Diploma in Laws Course Juris Doctor - 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 subject coordinator approval is required, or for further information about Community Access Program study, please contact us
(enquiries for current students | enquiries for prospective students).
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025