Principles of Construction Law 732726

This subject is:

a) Strongly recommended, for all students without a law degree from a common law jurisdiction, as a subject to be undertaken before Construction Contracts and Rights and Liabilities in Construction

b) Recommended, as a subject to be undertaken before Construction Contracts and Rights and Liabilities in Construction, for law graduates who have neither:

i Undertaken prior study in construction law, nor
ii Practised as a construction lawyer for more than two years

c) Not available to students who fulfil either b)i or b)ii above.

A student who has successfully completed this subject should be able to:

Comprehend the legislative and regulatory framework governing the construction industry
Understand broadly the commercial and industry context within which construction law operates in Australia and overseas
Evaluate the appropriateness of different procurement models in the procurement of construction projects
Understand how causes of action in breach of contract and negligence both inform construction contract drafting and negotiation and apply to construction disputes
Recommend appropriate methods of dispute resolution and avoidance for situations commonly arising in the construction industry
Understand the role, within the context of construction law practice, of specialist areas of law, including insurance, performance security, trade practices and professional liability.

Principal matters to be covered will include:

Overview of regulatory regime for construction contracting
Causes of action in construction disputes: Contract, tort, statutory (includes Trade Practices Act 1974 (Cth) section 52), other (including restitutionary quantum meruit), proportionate liability
Contracting methodologies
Contract administration: Standard forms of contract, tendering and contract preparation, minimising legal exposure
Role and liability of superintendent
Issues relating to subcontracts
Variations
Defective work
Latent conditions
Time, programming and liquidated damages
Contractual mechanisms for payment
Security for payment legislation
Insurance
Security for performance
Dispute avoidance procedures and alternative dispute resolution in construction
Construction litigation
Arbitration: Domestic, international.

Melbourne Law School The Melbourne Law Masters