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Construction Law

Unit code: HES6793

Credit points12.5 Credit Points
Duration

12 weeks
Contact hours48 hours
CampusHawthorn
Prerequisites

PG: Nil.
UG: 250 CP
Corequisites
 
Nil

Aims and objectives

The aim of this unit is the understanding of the legal process as it relates to construction management. There is particular emphasis on a practical knowledge of the input of the engineer in the construction process and its relationship to project management.

The unit aims to give an understanding of the issues confronted by a construction manager and the identification of risks, dispute resolution and particularly alternate means to resolve disputes and negotiate contracts.

Teaching methods

Lectures and
Tutorials

Assessment

Two assignments (50-60%) and
exam (40-50%)

Generic skills outcomes

On successful completion of this unit the student should have the:
  • ability to apply knowledge of basic science and engineering fundamentals
  • ability to communicate effectively, not only with engineers but also with the community at large
  • in-depth technical competence in at least one engineering discipline
  • ability to understand problem identification, formulation and solution
  • ability to utilise a systems approach to design and operational performance
  • ability to function effectively as an individual in a project team, have the capacity to be a leader or manager as well as an effective team member
  • understanding of the social, cultural, global and environmental responsibilities of the professional engineer, and the need for sustainable development
  • understanding of the principles of sustainable design and development
  • understanding of professional and ethical responsibilities and have a commitment to uphold these responsibilities
  • expectation of the need to undertake lifelong learning, and capacity to do so

Content

The unit is divided into eight modules, comprising:

Module 1 - Introduction to the Legal System
Module 2 - Torts Law
Module 3 - Legal Structures in the Construction Industry
Module 4 - Contract Law
Module 5 - Insurance and Bankruptcy
Module 6 - Novation
Module 7 - Mediation
Module 8 - Tenders

Each module contains reading and case law, particularly examples of projects involving construction engineering issues.

Reading materials

Cooke, Architects, Engineers & the Law, 3rd Edition, 2001.
Bailey, Construction Law in Australia, 2nd Edition, 1998.
Mohyla, Construction in Australia: Law and Project Delivery, 1996.
Sourdin, Alternative Dispute Resolution, 2002.
Boulle, Mediation Principles Process and Practice, 1996.

References

Available on the Blackboard website for this unit.