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LAW3473 Construction Law

Interim Trimester 1, 2023 Toowoomba On-campus
Units : 1
School or Department : School of Law and Justice
Grading basis : Graded
Course fee schedule : /current-students/administration/fees/fee-schedules

Staffing

Course Coordinator:

Requisites

Pre-requisite: LAW1101 or LAW1500 or LAW1501 or ((LAW1111 and (LAW1123 or LAW1116))

Overview

The law governing the construction profession and building, engineering and infrastructure projects is extensive. To identify and respond to the diversity of legal issues encountered as a construction professional, an understanding of the industry and its practices is necessary.
Construction and engineering professionals and their lawyers work collaboratively, with shared understandings. Future construction professionals require the knowledge and skills necessary for timely and appropriate responses to legal issues as they arise across all aspects of the construction process. They must be able to provide meaningful assistance to, or as part of, a legal team.
Problem-based learning in this course will integrate theory and practice relevant to construction, engineering and infrastructure projects. Students will gain understanding of how law regulates and informs the diversity of interactions that occur within these projects. They will be exposed to the common legal problems encountered when initiating and administering the complex, long-term commercial relationships characteristic of the construction industry and similar industries.
Students will gain interdisciplinary understanding, knowledge about the law essential to professional practice, and the skills necessary to work within a team so as to address complex legal issues effectively.

This unit will allow students to acquire to an intermediate standard analytical and problem-solving skills needed to be able to identify and respond to legal issues they are likely to encounter as industry professionals engaged in building, engineering and infrastructure projects. It will examine the law which forms a core part of construction projects, enabling students to recognise when legal issues are likely to arise and to respond in a timely and effective manner. Problem-based learning, an intentional, inquiry-based teaching approach, will teach both declarative knowledge and functioning skills, with the latter including communication and collaboration skills.

Course learning outcomes

On successful completion of this course, students should be able to:

  1. Demonstrate an understanding [explain and apply] of a coherent body of knowledge relevant to [construction law], and underlying principles and concepts; and the broader contexts within which legal issues arise [in this area] (PO1/TLO1).
  2. Identify and articulate legal issues [relevant to construction law]; [comprehend legal and other materials]; apply legal reasoning and research to generate appropriate responses to legal issues; engage in critical analysis and make a reasoned choice amongst alternatives, and think creatively in approaching legal issues and generating appropriate responses (PO3/TLO3).
  3. Demonstrate the intellectual and practical skills needed to identify, research [in an ethical manner], evaluate and synthesise relevant factual, legal and policy issues (PO4/TLO4).
  4. Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences, and collaborate effectively (PO5/TLO5).
  5. Learn and work independently; and reflect on and assess their own capabilities and performance, and make use of feedback as appropriate to support personal and professional development (PO6/TLO6).

Topics

Description Weighting(%)
1. The law governing the construction profession and construction projects 5.00
2. Tendering 5.00
3. Assessing and allocating construction risk 5.00
4. Construction contracts 10.00
5. Alternative forms of contracting 10.00
6. Subcontracts 10.00
7. Superintendents and engineers 5.00
8. The regulatory regime 10.00
9. Insurance 10.00
10. Dispute avoidance processes 10.00
11. Alternative dispute resolution 10.00
12. Construction arbitration and litigation 10.00

Text and materials required to be purchased or accessed

There are no texts or materials required to be purchased for this course.

Student workload expectations

To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.

Assessment details

Approach Type Description Group
Assessment
Weighting (%) Course learning outcomes
Assignments Written Problem Solving 1 No 20 1,2,4,5
Assignments Oral Presentation (ind, grp, mltmd) Yes 40 1,2,3,4,5
Assignments Written Problem Solving 2 No 40 1,2,3,4
Date printed 9 February 2024