LAWS 6003 Managing Legal Risk in Construction Law
Credit Points 10
Coordinator Joshua Saunders Opens in new window
Description This subject provides practical insights into legal risks related to construction processes and devise associated risk mitigation measures. Students will also examine the liabilities and responsibilities of various parties in construction contracts and different types of dispute avoidance, management and resolution mechanisms. Legal risks related to construction processes and devise associated risk mitigation measures are also covered. Students will examine approaches and strategies to proactively manage legal risk in construction projects.
School Law
Discipline Business and Commercial Law
Student Contribution Band HECS Band 4 10cp
Check your fees via the Fees page.
Level Postgraduate Coursework Level 6 subject
Co-requisite(s) LAWS 5005 - Construction Law
Restrictions
Must be enrolled in a Post Graduate program.
Learning Outcomes
- Analyse legal risks and legal issues relating to construction projects
- Assess different strategies and measures to manage and advise on legal risks in the construction industry
- Propose evidence-based solutions and strategies to manage legal risks in minor construction projects
- Critically apply research, ethical conduct and professional standards to manage legal risks in construction projects
- Reflect on own needs, ethical positions and values to enhance professional practice
Subject Content
- Legal risk identification, management, and mitigation in construction and building projects
- Project planning: feasibility and financing
- Procurement model selection and alternate contracting models
- Pre-tender documentation, Expressions of Interest, Tendering
- Consortium Agreements and Joint Venture Agreements
- Negotiating construction contracts
- Ethical dilemmas in legal risk management
- Claims Administration for time and cost under Construction Contracts
- Managing sub-contract and interface risks
- Privilege, Communication and Negotiation
- Defects - Completion and Post-Completion issues
- Technology and managing legal risk in construction
- Practicalities of construction dispute resolution
Assessment
The following table summarises the standard assessment tasks for this subject. Please note this is a guide only. Assessment tasks are regularly updated, where there is a difference your Learning Guide takes precedence.
| Type | Length | Percent | Threshold | Individual/Group Task | Mandatory |
|---|---|---|---|---|---|
| Participation | Ongoing | 10 | N | Individual | N |
| Presentation | Oral component- 20 minutes Written component- 1000 words | 45 | N | Individual | N |
| Final Exam | 24 hours | 45 | N | Individual | N |
Prescribed Texts
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Cremean, Damien, Michael Whitten, and Michael Sharkey, Brooking on Building Contracts (6th ed, LexisNexis, 2021).
Teaching Periods
Summer (2024)
Parramatta - Victoria Rd
On-site
Subject Contact Joshua Saunders Opens in new window
View timetable Opens in new window
Summer (2025)
Parramatta - Victoria Rd
On-site
Subject Contact Joshua Saunders Opens in new window