LAW4190

Construction law ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: Ms Paula Gerber

Offered:
Clayton Second semester 2005 (Day)

Synopsis: This unit will allow students to acquire knowledge and understanding of a specialist, and increasingly important, area of law. The unit begins with a critical analysis of the different types of contracts and project delivery methods. Students explore the problem areas which can lead to conflict during the course of construction projects including resultant legal ramifications and insurance issues. Students analyse the traditional and alternative ways of resolving construction disputes. Students will examine the relevant legislations and learn to research and write on construction law issues.

Objectives: A candidate who has successfully completed this subject should: (a) be familiar with the different types of contracts used on construction projects and the pros and cons of each; (b) be able to identify the issues that impact on construction projects such as variations, latent defects, delays and defective works and the legal ramifications of each; (c) understand the broad range of dispute avoidance and management options available and their relationship to judicial and arbitral processes; (d) recognise the different types of insurance required for construction projects and be able to critically assess the contractual provisions relevant to them; (e) have knowledge of the various statutes and regulations governing the construction industry; and (f) be able to write clearly, concisely and logically on issues relating to construction law.

Assessment: Assignment (2500 words): 35% plus Final examination, open book (2 hours writing time plus 30 minutes reading and noting time) 65%: 100%

Contact Hours: 3 hours per week

Prerequisites: LAW1100 Legal process OR LAW1101 Introduction to legal reasoning and LAW1102 Law in society

Corequisites: LAW2100 Contract OR LAW2101 Contract A and LAW2102 Contract B, and LAW2200 Torts OR LAW2201 Torts A and LAW2202 Torts B