Credit Points 10

Coordinator John Juriansz Opens in new window

Description This subject introduces students to the foundational legal and technical concepts required to understand the specialised area of construction law practice. Students will examine the key issues, concepts and topics that are specific to construction law from project preparation, through to contract formation, regulation, procurement methodologies, and finally to dispute avoidance and management. Students will engage with construction practitioners to enhance their learning experiences in this subject.

School Law

Discipline Business and Commercial Law

Student Contribution Band HECS Band 4 10cp

Check your HECS Band contribution amount via the Fees page.

Level Postgraduate Coursework Level 5 subject

Restrictions

Must be enrolled in a Post Graduate program.

Learning Outcomes

1. Analyse key legal information, concepts and theories used on construction projects.
2. Examine key technical principles relevant to the drafting of construction contracts.
3. Utilise and evidence-based approach to explore key contractual processes and administrative challenges typical of a construction contract.
4. Communicate practical, well-informed solutions to emerging legal issues relevant to construction contracts. 
5. Engage in independent investigations to enhance personal and professional development,
6. Collaborate with key stakeholders in response to legal issues in construction projects.

Subject Content

1. The Australian Legal System
2. Understanding the Law: Contract Law, Torts and Property Law
3. Regulation of Construction
4. Participants in the Industry
5. Contracting and Procurement Methodologies
6. Construction Contracts: Standard Forms, Tendering, Preparation, Minimising Legal Exposure, Sub-Contracting
7. Professional Liability
8. Superintendents
9. Contract Administration: Timing, Payment, Cost Control, Variation, Major Plant Deployment
10. Security for Performance
11. Quality of Work and Latent Conditions
12. Liquidated Damages
13. Insuring Risk in Construction Projects
14. Dispute Avoidance, Management and Resolution
15. Conduct of Construction Disputes