Overview

This unit of study aims to introduce the fundamental aspects of the law and contracts applicable to construction and civil engineering works

Requisites

Prerequisites
CSM20007 Construction Law and Contracts

175 credit points
OR
50 credit points in AB-APPTEC

Teaching Periods
Location
Start and end dates
Last self-enrolment date
Census date
Last withdraw without fail date
Results released date
Semester 1
Location
Hawthorn
Start and end dates
26-February-2024
26-May-2024
Last self-enrolment date
10-March-2024
Census date
31-March-2024
Last withdraw without fail date
12-April-2024
Results released date
02-July-2024

Learning outcomes

Students who successfully complete this unit will be able to:

  • Appreciate and apply contract practices, procedures and standard forms of contracts for civil engineering and construction activities; (K5, K6, S4, A1, A4, A5, A6)
  • Apprise contractual obligations and relationships in construction projects (K5, K6, S4, A1, A4, A5, A6)
  • 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)
  • 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)
  • 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)
  • 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)

Teaching methods

Hawthorn

Type Hours per week Number of weeks Total (number of hours)
Face to Face Contact (Phasing out)
Lecture
3.00 12 weeks 36
Face to Face Contact (Phasing out)
Tutorial
1.00 12 weeks 12
Unspecified Learning Activities (Phasing out)
Independent Learning
8.50 12 weeks 102
TOTAL150

Assessment

Type Task Weighting ULO's
AssignmentIndividual 30% 1,2,3,4,5,6 
PresentationIndividual/Group 20% 1,2,3,4,5,6 
TestIndividual 50% 1,2,3,4,5,6 

Hurdle

As the minimum requirements of assessment to pass a unit and meet all ULOs to a minimum standard, an undergraduate student must have achieved:

(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.

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

Study resources

Reading materials

A list of reading materials and/or required textbooks will be available in the Unit Outline on Canvas.