Credit Points 10

Coordinator John Juriansz Opens in new window

Description The subject aims to deepen student understanding of the nature utility of remedies in construction projects. The subject will explore the interaction between the technical, commercial and legal aspects of remedies in construction and procurement disputes. Practitioners in the field of construction require a working understanding of the remedies available in response to different claims that might arise in disputes. The nature and scope of remedies is a matter of constant development and refinement in Australia and abroad. This unit will explore a diverse range of remedies including damages in contract and in tort, the rule against penalties, quantum meruit, injunctive relief and remedies under the Australian Consumer Law.

School Law

Student Contribution Band HECS Band 4 10cp

Level Postgraduate Coursework Level 6 subject

Co-requisite(s) LAWS 5005 - Construction Law

Restrictions

Must be enrolled in a Post Graduate program

Learning Outcomes

1. Analyse principles, the role and function of legal remedies relating to construction projects.
2. Examine the interaction between the technical, commercial and legal aspects of remedies in construction procurement and disputes.
3. Conduct a research project investigating existing and emerging legal issues relating to remedies in the construction context.
4. Present concepts, issues and solutions to legal remedies arising from construction projects to diverse audiences using appropriate communication strategies.
5. Collaborate with diverse stakeholders to make decisions and implement solutions in the construction context.

Subject Content

• Remedies in context
• Debts and liquidated sums
• Damages for breach of contract
• Liquidated damages and penalties
• Quantum meruit
• Remedies in tort
• Equitable remedies
• Relief under the Australian Consumer Law
• Proportionate liability
• Injunctions