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Global Perspectives on Construction Law (LAWS70450)
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
November
Lecturer
Dr Paul Tracey (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) | 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. The subject will explore 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.
The subject will unravel 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.
The subject 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.
Paul Tracey is a dual-qualified chartered quantity surveyor with a degree in law. He has over 35 years of international experience acting as a commercial manager and expert witness and is the Programme Leader of the LLM / MSc in Construction Law and Practice Masters at the University of Salford.
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.
Principal topics include:
- 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 5D BIM in the international construction industry in a construction law and practice context and how BIM can 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 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: 31 January 2024
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 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 |
---|---|---|
Participation | Throughout the teaching period | 10% |
Option 1: Take-home examination
| 17 - 20 January 2025 | 90% |
Option 2: Research paper on a topic approved by the subject coordinator
| 15 January 2025 | 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: 31 January 2024
Quotas apply to this subject
Dates & times
- November
Principal coordinator Paul Tracey Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 9 October 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 6 November 2024 to 12 November 2024 Last self-enrol date 14 October 2024 Census date 7 November 2024 Last date to withdraw without fail 20 December 2024 Assessment period ends 20 January 2025 November contact information
Lecturer
Dr Paul Tracey (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