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  3. Remedies in the Construction Context

Remedies in the Construction Context (LAWS70112)

Graduate coursework level 7Points: 12.5On Campus (Parkville)

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Overview

Availability(Quotas apply)
July
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Construction projects produce difficult legal questions about remedies. Practitioners need to be confident in their understanding of the remedies available under many causes of action. This understanding is greatly beneficial in construction disputes, but also in the negotiation and drafting of construction contracts. The lecturers’ experience draws not only on their rigorous understanding of black letter law, but also on extensive practising careers.

Principal topics include:

  • Damages for breach of contract (including for defective work)
  • Penalties (including liquidated damages)
  • Remedies under the Australian Consumer Law
  • Quantum meruit claims
  • Remedies for proprietary torts
  • Equitable remedies for breach of fiduciary duty
  • Temporary injunctions

Intended learning outcomes

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



  • examine and explain the role and function of legal remedies in relation to construction projects
  • critically reflect on, and be confident in working across, the interaction between the technical, commercial and legal aspects of remedies in construction procurement and disputes
  • independently investigate, examine and synthesise existing and emerging legal issues relating to remedies in the construction context.

Last updated: 4 June 2024