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Construction Law

Unit code: HES6793D

Credit points12.5 Credit Points
Duration

12 weeks
Contact hoursNil
CampusOff-Campus
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

Distance Education via Blackboard and email.

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.