Subjects 2010
Principles of Construction Law 732726
- Credited Courses: Graduate Diploma in Construction Law 189; Graduate Diploma in Environment, Energy and Resources Law L07; Graduate Diploma in Legal Studies L08; Master of Commercial Law 504; Master of Construction Law 195; Master of Laws (LLM) 502
Note
This subject is:
a) Strongly recommended for construction law students without a law degree from a common law jurisdiction
b) Recommended for law graduates who have not undertaken prior study in construction law or practised as a construction lawyer for more than two years
c) Not available to students who have undertaken prior study in construction law or practised as a construction lawyer for more than two years.
Students undertaking this subject should do so before undertaking other construction law subjects.
Objectives
A student who has successfully completed this subject should:
- 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
- Be able to 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
- Be able to 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.
Syllabus
Principal topics will include:
- Overview of the 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.
