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  3. Global ESG Law and Construction Projects

Global ESG Law and Construction Projects (LAWS90305)

Graduate courseworkPoints: 12.5Not available in 2026

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Overview

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This subject explores the legal issues for construction project delivery in an age of increasing global awareness and the rise of Environment, Social and Governance (ESG) concerns.  

It begins by exploring the trends globally – in law, policy and industry practice – that are broadening understandings of construction risk and influencing legal practice. We bring this context into the environmental legal regime that construction projects are subject to, highlighting the ever-expanding, often multi-layered concerns of the law and the complexity that creates for the construction process. 

We will then turn to ask how the contractual process for construction projects can and must respond to issues including: pollution and contamination, net zero and nature positivity, community benefit, and sustainable procurement.  

Throughout this subject, students will learn about the law across jurisdictions, with a particular focus on construction projects in Australia and Europe.  

Indicative list of principal topics: 

1. Construction projects, global industry trends, and the social licence:  

  • The global rise of ESG and its expanding influence over construction projects 
  • Construction projects, global industry trends, and the social licence  

2. ESG & Construction – Existing and Emerging Legal Frameworks:

  • Planning, environmental assessments, and traditional owner interests 
  • Tortious liability for environmental harm – including private nuisance, public nuisance, trespass, and negligence 
  • Statutory liability for and tools for the control of environmental harm – including statutory nuisance, contaminated land, environmental damage, water, noise and waste 
  • Climate and nature positivity, and environmental rights and corporate obligations 

3. ESG & Construction - Contract drafting:

  • Drafting for net zero, offsets, and nature positivity 
  • Contamination risk and contract 
  • Community benefit in the contractual process 
  • Green buildings, leasing, and responsibility for building performance 
  • Modern methods of construction

4. SG & Construction - Collaborative procurement:

  • Introductory concepts 
  • A critical examination of how it might be used to achieve ESG objectives 

Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide.

Intended learning outcomes

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

  • Analyse environmental, social and governance ('ESG') issues and evaluate their relevance to construction projects.
  • Apply and assess the tortious and statutory environmental harm liability regimes in the context of construction related scenarios.
  • Evaluate typical contractual drafting relating to ESG issues in the context of construction contracts.
  • Critically examine the role of collaborative procurement in achieving ESG objectives on construction projects.

Generic skills

  • An advanced understanding of the changing knowledge base in the relevant area(s) of law.
  • An ability to investigate, evaluate, synthesise and apply existing knowledge in the relevant area(s) with creativity and initiative.
  • The capacity to effectively communicate complex legal ideas and theories, orally and in writing, to a variety of audiences.
  • An appreciation of the way in which knowledge provides a foundation for leadership.
  • An understanding of the significance and value of knowledge to the wider community.
  • The capacity to engage with issues in contemporary society.
  • Advanced working skills in the use of new technology.

Last updated: 6 November 2025