| Semester 1, 2020 On-campus Springfield | |
| Short Description: | Construction Law |
| Units : | 1 |
| Faculty or Section : | Faculty of Business, Education, Law and Arts |
| School or Department : | School of Law and Justice |
| Student contribution band : | Band 3 |
| ASCED code : | 090901 - Business and Commercial Law |
| Grading basis : | Graded |
Staffing
Examiner:
Requisites
Pre-requisite: LAW1101 or LAW1500 or ((LAW1111 and LAW1112 and LAW1113) or (LAW1201 and LAW2201)) or ((LAW51111 and LAW5112 and LAW5113) or (LAW5501 and LAW5601))
Other requisites
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at .
Rationale
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.
Synopsis
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.
Objectives
On successful completion of this course, students should be able to:
- demonstrate understanding of the role and function of law in relation to construction projects, including when and how legal issues must be considered;
- apply reasoning to identify facts and relevant information, make inferences regarding premises and address implications and consequences;
- identify problems and use facts and evidence from analysis to support and defend solutions;
- work collaboratively within an inter-disciplinary team;
- write an academic essay in the field of construction law to a standard appropriate for submission to a national essay competition.
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
ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2020&sem=01&subject1=LAW3473)
Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)
Reference materials
Student workload expectations
| Activity | Hours |
|---|---|
| Directed 精东传媒app | 52.00 |
| Independent 精东传媒app | 113.00 |
Assessment details
| Description | Marks out of | Wtg (%) | Due Date | Notes |
|---|---|---|---|---|
| ONLINE PROBLEM EXERCISE | 50 | 50 | 05 May 2020 | |
| ASSIGNMENT | 40 | 40 | 01 Jun 2020 | |
| COURSE ENGAGEMENT | 10 | 10 | 05 Jun 2020 | (see note 1) |
Notes
- Course engagement will be assessed throughout the semester. There will be a range of ways for students to engage. Marks will be available after the due date above.
Important assessment information
-
Attendance requirements:
Online: There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.
On-campus: It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration. -
Requirements for students to complete each assessment item satisfactorily:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.) -
Penalties for late submission of required work:
Students should refer to the Assessment Procedure (point 4.2.4) -
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course. -
Method used to combine assessment results to attain final grade:
The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course. -
Examination information:
There is no examination in this course. -
Examination period when Deferred/Supplementary examinations will be held:
Not applicable. -
精东传媒app Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene 精东传媒app policies and practices. These policies can be found at .
Assessment notes
-
Referencing in assignments:
Students studying this course as part of a Bachelor of Laws or the Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in a Bachelor of Laws or the Juris Doctor may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC) in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at .