Overview

This unit aims at introducing the students to essential aspects of construction law and contract management in building and infrastructure projects.

Requisites

Prerequisites
CSM80003 Construction Law and Contract Management

Rule

Undergraduate students must have completed 250 credit points

Teaching periods
Location
Start and end dates
Last self-enrolment date
Census date
Last withdraw without fail date
Results released date

Learning outcomes

Students who successfully complete this unit will be able to:

  • Appreciate and apply the fundamental laws and legal requirements applicable to construction and infrastructure management (K5, K6, S4, A1, A4, A5, A6)
  • Apply relevant contract practices, procedures and standard forms of contracts for building and infrastructure projects; (K5, K6, S4, A1, A4, A5, A6)
  • Apprise contractual obligations and relationships in construction projects (K5, K6, S4, A1, A4, A5, A6)
  • Exercise and reflect upon the legal/legislative responsibilities and duty of care in the professional workplace; (K5, K6, S4, A1, A2, A4, A5, A6, A7)
  • Employ suitable alternate dispute resolution mechanisms to resolve disputes in project-based settings (K5, K6, S4, A1, A2, A4, A5, A6, A7)
  • Integrate professional procedures and regulations (addressing safety, health, social cultural, and environmental factors) in engineering project contracts/contractual relationships; (K5, K6, S4, A1, A2, A4, A5, A6, A7)

Teaching methods

Hawthorn Online

Type Hours per week Number of weeks Total (number of hours)
Online
Directed Online Learning and Independent Learning		12.50 12 weeks 150
TOTAL150

All Applicable Locations

Type Hours per week Number of weeks Total (number of hours)
Online Contact (Phasing out)
Synchronous Lectures		2.00 12 weeks 24
Face to Face Contact (Phasing out)
Workshop		2.00 12 weeks 24
Unspecified Learning Activities (Phasing out)
Independent Learning		8.50 12 weeks 102
TOTAL150

Assessment

Type Task Weighting ULO's
Assignment 1Individual 20 - 40% 1,2,3 
Assignment 2Individual 30 - 40% 3,4,5 
TestIndividual 30 - 50% 1,2,3,4,5,6 

Content

Topics in this units are included in following 3 components:

  • Component 1: Construction Law and Contract Management – Part 1
    • Introduction to the Australian Legal System;
    • Building Codes and Regulation of Construction;
    • Law of Contract;
    • Construction Contracts - Standard construction contracts, general conditions and various forms of contract
  • Component 2: Construction Law and Contract Management – Part 2
    • Duties, obligations and responsibilities of various parties involved in construction contracts
    • Tort Law including Duty of Care, Negligence and Nuisance
    • Environmental legislation
    • Professional Liability – Risk, Responsibility and Care for the Environment
    • Insurance and bankruptcy
  • Component 3: Construction Law and Contract Management – Part 3
    • Adjustments/Novation
    • Variations and change orders
    • Tenders, Security of Payments and Liquidated Damages
    • Disputes and Claims settlement
    • Alternative Dispute Resolution mechanisms
    • Conduct of Construction Disputes
    • Claims management in construction projects;

Study resources

Reading materials

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