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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.
Intended learning outcomes
A student who has successfully completed this subject should:
- Have a detailed understanding of, and be able to contribute to debate about, the significance of the current and emergingapproaches to the procurement and contracting of construction and engineering projects in Australia, the UK and elsewhere
- Be able to articulate and engage at an advanced level with the specific commercial, legal and contractual issues implicit in such current and emerging approaches, including those associated with:
- 'collaborative contracting’ generally
- 'integrated project delivery’ generally
- standard form procurement and contracting documentation (eg NEC3, PPC2000 and MCC-1 2003)
- people and culture
- capturing 'innovation’
- concepts of 'good faith’ and 'best endeavours’ in this contracting context
- design risk
- construction risk
- maintenance/ operability risk
- insurance issues (particularly professional indemnity insurance)
- intellectual property and confidentiality issues
- risk management frameworks and techniques
- remuneration and incentivisation
- BIM and digital information models
- claims and dispute resolution (including Dispute Adjudication Boards and similar 'dispute avoidance’ models)
- Have the advanced cognitive, technical and creative skills to understand and be able to evaluate in a critical manner the current and emerging approaches and appreciate the main features, advantages and disadvantages of each
- Be skilled in thinking creatively about the full range of procurement and delivery options and be able to analyse at an advanced level the legal, commercial and practical effects of adopting, refining and combining such options.
Last updated: 31 March 2020