Rethinking Construction Contracting Risk (LAWS90229)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
August
Teaching Staff:
Phillip Greenham (Coordinator)
Rebecca Dickson
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | August |
|---|---|
| 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.
Indicative list of principal topics:
- 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: 14 March 2025
Eligibility and requirements
Prerequisites
None
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: 14 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Option 1, Part 1: Class presentation
| During the teaching period | 20% |
Option 1, Part 2: Take-home exam
| 19 - 22 September 2025 | 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)
| 1 October 2025 | 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: 14 March 2025
Quotas apply to this subject
Dates & times
- August
Principal coordinator Phillip Greenham Coordinator Rebecca Dickson Mode of delivery On Campus (Parkville) Contact hours 34 Total time commitment 150 hours Pre teaching start date 9 July 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 6 August 2025 to 12 August 2025 Last self-enrol date 14 July 2025 Census date 8 August 2025 Last date to withdraw without fail 19 September 2025 Assessment period ends 24 October 2025 August contact information
Teaching Staff:
Phillip Greenham (Coordinator)
Rebecca DicksonFor 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: 14 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 Master of Energy and Resources Law Course Graduate Diploma in Construction Law Course Graduate Diploma in Energy and Resources 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: 14 March 2025