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Advanced Construction Law (LAWS70128)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable (login required)(opens in new window)
Contact information
August
Lecturers
Michael Earwaker (Coordinator)
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) | August |
|---|---|
| Fees | Look up fees |
This subject is explicitly aimed at enhancing students’ ability to make a significant contribution to the ongoing development of construction law in Australia and overseas. The emphasis is on analysing and testing cutting-edge case law, commentary and other legal developments in the classroom and via research papers.
In addition to the core areas of time (including delay claims methodologies), workscope/variations, defective work and security, detailed treatment is given to extra-contractual remedies such as those under the Australian Consumer Law and those based on unjust enrichment and negligence.
Principal topics include claims in the following categories:
- Time: risk allocation, delay, liability for delay, extensions of time
- Methods for assessment of delay
- Concurrency, causation, damages and additional cost, assessment and analysis
- Prevention and liquidated damages: recent developments
- Scope of work: variations, adjustments under the contract
- Quality: measure of quality, identification and breach of required standard
- Assessment of quality and damages
- Security: for performance and for payment, access to security
- Australian Consumer Law: application in construction, tender documents
- Passing on of misleading and deceptive documents, unconscionable conduct, remedies
- Interpretation of contracts
- Equitable remedies
- Restitution: unjust enrichment, statutory exclusion, quantum meruit
- Payment: progress payments—certification and adjudication
- Negligence in construction.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the role and function of law in relation to construction projects
- Have an advanced capacity to critically compare and analyse the legal framework applicable to construction across Australian and overseas jurisdictions, as relevant, and to consider recommendations for reform of aspects of the Australian approaches in light of those comparisons
- Have a sophisticated appreciation of, and ability to engage in, the complex theoretical, policy and practical debates taking place internationally in relation to construction law
- Through the assessment involving a research paper, have developed specialised skills in self-directed legal research and in the autonomous and creative production of a substantial piece of legal writing that is thoroughly researched and develops arguments in a highly structured, supported and referenced way, with a high degree of original content.
Last updated: 31 January 2024
Eligibility and requirements
Prerequisites
Admission into a relevant Melbourne Law Masters program
AND
One of
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS70176 | Construction Law | May (On Campus - Parkville) |
12.5 |
| LAWS70314 | Principles of Construction Law |
February (On Campus - Parkville)
July (On Campus - Parkville)
May (On Campus - Parkville)
|
12.5 |
| No longer available |
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: 31 January 2024
Assessment
| Description | Timing | Percentage |
|---|---|---|
Research paper on a topic approved by the subject coordinator
| 6 November 2024 | 100% |
| Hurdle requirement: A minimum of 75% attendance. | Throughout the teaching period | N/A |
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
- August
Principal coordinator Michael Earwaker Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 24 July 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 August 2024 to 27 August 2024 Last self-enrol date 29 July 2024 Census date 22 August 2024 Last date to withdraw without fail 4 October 2024 Assessment period ends 6 November 2024 August contact information
Lecturers
Michael Earwaker (Coordinator)
Email: 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: 31 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Commercial Law Course Master of Laws Course Graduate Diploma in Construction Law Course Master of Construction Law - 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.
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
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 31 January 2024