This unit entry is for students who completed this unit in 2016 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

LAW4244 - Construction law (dispute resolution)

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Offered

Clayton

Second semester 2016 (Day)

Synopsis

This unit focuses on the avoidance, management and resolution of construction disputes. It critically analyses the causes of conflicts and disputes, and the role that the construction contract plays. Students explore various dispute avoidance processes (DAPs) that can prevent conflicts from escalating into disputes, and examine various 'real time' dispute resolution methods that can be used during the course of a construction project to manage and resolve disputes. Students also explore the processes that are available for resolving disputes that remain outstanding after a project has been completed, including ADR, arbitration and litigation. Students will engage in comparative analysis of construction dispute resolution processes used in other jurisdictions. Students will analyse traditional and alternative ways of resolving construction disputes and learn to research and write on construction dispute resolution issues.

Outcomes

A candidate who has successfully completed this unit should:

a.be able to articulate and explain the causes of construction disputes and the factors contributing to the escalation of construction conflicts into construction disputes;
b. identify and distinguish between different types of dispute avoidance processes (DAPs) used on construction projects around the world and evaluate the pros and cons of each;
c. be able to explain the ways in which parties can engage in 'real time' resolution of construction disputes during the course of a project, and the legal ramifications of such processes;
d. be able to compare and contrast different ADR options available (mediation, expert determination, senior executive appraisal and early neutral evaluation) and identify the factors that influence the suitability of each for particular construction disputes;
e.be able to critically evaluate the use of arbitration for the resolution of construction disputes at both a domestic and international level;
f.be able to describe and outline the regulatory regimes governing domestic and international arbitrations of construction disputes;
g.be able to assess the judicial systems in place in Australia and other countries for the determination of construction litigation and the need for reform; and
h.be able to undertake scholarly research and write clearly, concisely and logically on the avoidance, management and resolution of construction disputes.

Assessment

Research paper (1,500 words): 30%

Final Exam (2 and a half hours plus 30 minutes for reading and noting): 70%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

Chief examiner(s)

Associate Professor Paula Gerber (CE) & Mark Misko

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112 and LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 OR 2101 AND 2102

Co-requisites

None

Prohibitions