Construction Law and Contracts
Duration
- One Semester or equivalent
Contact hours
- 48 Hours
On-campus unit delivery combines face-to-face and digital learning.
2024 teaching periods
| Hawthorn Higher Ed. Semester 1 |
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|---|---|---|
Dates: Results: Last self enrolment: Census: Last withdraw without fail: |
Prerequisites
175 credit points from Bachelors DegreeAims and objectives
This unit of study aims to introduce the fundamental aspects of the law and contracts applicable to construction and civil engineering works
Unit Learning Outcomes (ULO)
Unit Learning Outcomes (ULO)
On successful completion of this unit students will be able to:
1 Appreciate and apply contract practices, procedures and standard forms of contracts for civil engineering and construction activities; (K5, K6, S4, A1, A4, A5, A6)
2 Apprise contractual obligations and relationships in construction projects (K5, K6, S4, A1, A4, A5, A6)
3 Identify and recognise the fundamental laws and legal requirements applicable to construction contracts and contract administration in projects (K5, K6, S4, A1, A4, A5, A6)
4 Recognise various forms of contracts and procurement procedures in the construction industry including subcontracts and professional services contracts (K5, K6, S4, A1, A4, A5, A6)
5 Exercise and reflect upon the professional and legal/legislative responsibilities of civil engineers in the changing workplace; (K5, K6, S4, A1, A2, A4, A5, A6, A7)
6 Integrate professional procedures and regulations (addressing safety, health, social cultural, and environmental factors) in civil engineering contracts/contractual relationships; (K5, K6, S4, A1, A2, A4, A5, A6, A7)
Unit information in detail
- Teaching methods, assessment, general skills outcomes and content.
Teaching methods
*Scheduled face to face: Lectures (36 hours), Tutorials (12 hours)
*Scheduled synchronous online learning events: N/A
Non-scheduled online learning events and activities: N/A
Other non-scheduled learning events and activities including independent study (approx. 102 hours)
Assessment
| Types | Individual/Group Role | Weighting | Unit Learning Outcomes (ULO) |
| Assignment | Individual | 30% | 1,2,3,4,5,6 |
| Presentation | Individual/Group | 20% | 1,2,3,4,5,6 |
| Test | Individual | 50% | 1,2,3,4,5,6 |
Hurdle
As the minimum requirements of assessment to pass a unit and meet all Unit Learning Outcomes to a minimum standard, a student must achieve:
(i) an aggregate mark of 50% or more, and
(ii) at least 40% in the final exam.
Students who do not successfully achieve hurdle requirement (ii) will receive a maximum of 45% as the total mark for the unit.
General skills outcomes
During this unit students will receive feedback on the following key generic skills:
• Teamwork skills
• Analysis skills
• Problem solving skills
• Communication skills
• Ability to tackle unfamiliar problems
• Ability to work independently
• Teamwork skills
• Analysis skills
• Problem solving skills
• Communication skills
• Ability to tackle unfamiliar problems
• Ability to work independently
Content
• Principles of contracts; Elements of contract; Contractual procedures;
• Various forms of contract (including standard and bespoke), Duties, obligations and responsibilities of various parties involved in construction contracts
• Fundamentals of contract law & standard construction contracts, general conditions of contract for Civil Engineering & Construction Works particularly AS21241 AS4000
• Variations and change orders
• Tort including Duty of Care, Negligence and Nuisance
• Disputes and Claims settlement
• Introduction to Alternative Dispute Resolution mechanisms
• Claims management in construction projects;
• Environmental legislation, professional responsibility and negligence
• Various forms of contract (including standard and bespoke), Duties, obligations and responsibilities of various parties involved in construction contracts
• Fundamentals of contract law & standard construction contracts, general conditions of contract for Civil Engineering & Construction Works particularly AS21241 AS4000
• Variations and change orders
• Tort including Duty of Care, Negligence and Nuisance
• Disputes and Claims settlement
• Introduction to Alternative Dispute Resolution mechanisms
• Claims management in construction projects;
• Environmental legislation, professional responsibility and negligence
Study resources
- Reading materials and text books.