Construction Contracting: New Frontiers (LAWS90034)

This subject provides a detailed review and analysis of the ways in which the procurement and delivery of construction and engineering projects are changing to meet the demand for more efficient infrastructure, including improved 'whole of life’ outcomes and the reduction of claims and disputes. There is a particular focus on integrated project delivery, collaborative contracting and new technology. The subject covers a number of the current and emerging approaches to the procurement, contracting and delivery of construction and engineering projects and reviews a number of case studies from Australia, the United Kingdom and elsewhere.

Principal topics include:

• An overview of the development of 'collaborative contracting’ and integrated project delivery methods to date (eg joint ventures, partnering, alliancing, managing contractor, public-private partnerships, electronic document management systems, whole of life) in Australia, the UK and elsewhere
• Examining recent and emerging procurement and delivery approaches in Australia, the UK and elsewhere (including the specific legal and contractual issues implicit in such current and emerging approaches identified above), including in respect of:
  • Unsolicited proposals
  • Framework procurement models
  • Early contractor involvement (ECI)
  • Integrated project delivery (IPD)
  • Delivery partner (DP)
  • Equipment supply
  • Services alliances
  • Supply chain collaboration.
• Examining the development and implementation of Building Information Modelling (BIM) in construction and engineering projects, including the specific legal and contractual issues associated with licensing of information technology systems, intellectual property and confidentiality generally, design risk and programming.