Subjects 2009
Construction Contracts 730806
- Credited Courses: Graduate Diploma in Construction Law 189; Master of Commercial Law 504; Master of Construction Law 195; Master of Laws (LLM) 502
Note: Construction Law compulsory and recommended subjects
All students enrolled in the Master of Construction Law and the Graduate Diploma in Construction Law must complete at least one of Construction Contracts and Rights and Liabilities in Construction. These are prerequisites for some other construction law subjects and should be undertaken early in your course.
Principles of Construction Law is strongly recommended for students who do not have a law degree from a common law system and recommended for law graduates without substantial construction law experience. It should be undertaken before any other construction law subjects. Law graduates who have undertaken prior study in construction law or practised as a construction lawyer for more than two years may not enrol in this subject.
For students without a technical background, it is also recommended that Construction: Principles into Practice be undertaken early in your course. This subject is not available to students with a technical background.
Objectives
A student who has successfully completed this subject should:
- Understand the roles and relationships of parties involved in construction projects
- Understand tendering and contract formation
- Be able to properly assess and negotiate risk allocation in construction contracts
- Be familiar with the use of standard- form contracts, sub-contracts and conditions of engagement for consultants
- Be aware of, and be able to evaluate, the appropriateness of different forms of construction contracts, including alternative and innovative contractual arrangements
- Have an appreciation of the key principles of construction law
- Have an enhanced ability to provide constructive legal advice to parties engaging in construction projects
- Gain an enhanced ability to analyse judgments and provide constructive legal advice.
Syllabus
An introduction to construction contracts, including standard forms and terms, with reference to:
- Roles, relationships and obligations of the parties to construction contracts and consultancy agreements
- Risk allocation and management in construction contracts: Procurement, contract choices and insurance considerations
- Tendering and contract formation
- The use of standard-form contracts and sub-contracts and conditions of engagement
- Performance, completion, suspension and determination
- Consultancy agreements and design responsibility
- Sub-contracts, assignment, nomination and novation
- Alternative and innovative forms of contracting
- Security for performance
- Case analysis.
