Units

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Sample subject outline - Semester 1 2013

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

A construction engineer must have an appreciation of the commercial environment in which he/she works. The law and particularly the law relating to construction has a significant impact upon that commercial environment. This unit will provide a framework and sufficient detail of the law for you to have a significantly increased awareness of how the law governs their and their organisation's actions within the industry. In addition, you will understand the operation of a construction contract with the associated claims and disputes associated with the administration of such a contract.

Aims

The aim of this unit is to assist you to develop a general understanding of the application of the law to construction issues at a level sufficient to alert you to the need for legal assistance in your professional life. It also aims to give you some strategies as to how to avoid these problems or issues arising, however, should these issues arise, the course aims to make you a better 'client' when a real legal problem or issue arises.

Objectives

Technical:
On completion of this unit you should be able to:
1. Demonstrate understanding and apply the fundamentals of the law of contract, negligence and some relevant legislation in the construction industry.
2. Demonstrate understanding of a typical construction contract.
3. Undertake simple research into a legal issue regarding construction issues.
4. Gather relevant facts and formulate a construction claim and its defence.
5. Demonstrate understanding of the fundamentals of dispute prevention and resolution.
6. Gain a better understanding of the some relevant aspects of the legal system and how it applies to engineering and the construction industry.

Content

1. An introduction to common law and statutes.
2. The fundamentals of the law of contract, negligence and the Competition and Consumer Act 2010 (previously the Trade Practices Act 1974).
3. A brief review of the Workplace Health and Safety Act 1995 and the Building Construction and Industry Payments Act.
4. The review and interpretation of the terms and the workings of a typical construction contract.
5. An understanding of dispute prevention, risk mitigation and resolution, including consideration of alternative dispute resolution procedures.
6. Methodology and fact-gathering required to lodge, advocate and sustain a claim under a construction contract as well as an approach to take in defending a claim.
7. The fundamentals of the approach to undertake simple legal research and interpretation of a Statute.

Approaches to Teaching and Learning

Teaching Mode: Hours per week 4:
Lecture: 2 hours covering the theory relating to the topic
Lecture workshop/Tutorial: 2 hours
This unit is taught by practising construction lawyers with tutorials designed as interactive workshops using some real case studies, negotiation activities and possible role play with individual and group components similar to industry practice. Participation is key.

Assessment

Assessment consists of a case study presentation, mulitple chioce quiz and a final year exam. There are also formative tutorial questions each week, in preparation for the final exam, and on-line quizzes.You will receive feedback about your participation in workshops. The oral presentation will be marked, and a CRA will be available, this will allow you to be able to discuss this feedback with the lecturer/tutor. In addition, a review of all the groups' participation will be provided orally on the day.

You will receive formative oral feedback on the day of the presentation and each week in workshops as questions, problems and issues are discussed.

Assessment name: Case Study Presentation
Description: Present in a group, an allocated case study.
The oral presentation component: Weighting: 15%
A written essay component: Weighting 15%
Relates to objectives: 1-5
Weight: 20%
Internal or external: Internal
Group or individual: Group with Individual Component
Due date: Week 3 onwards

Assessment name: Multi Choice Quiz
Description: Multiple Choice Quiz.
Relates to objectives: 1-5
Weight: 30%
Internal or external: Internal
Group or individual: Individual
Due date: Week 8

Assessment name: Examination (written)
Description: End of semester 2 hour examination covering all content in the lecture.
Relates to objectives: 1-5
Weight: 50%
Internal or external: Internal
Group or individual: Individual
Due date: Exam Period

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Prescribed Text:
1. Pentony, Graw, Lennard & Parker, Understanding Business Law 5th edition, Lexisnexis

Recommended Text:
2. Cremean, D.J. 2004. Brooking on Building Contracts: the Law and Practice relating to Building and Engineering Agreements.. 4th ed. LexisNexis Butterworths

Other Useful Texts
1. Bartholomew, S.H. 2002. Construction Contracting Business and Legal Principles.2nd ed. Prentice Hall
2. Davison, R.P. 2003. Evaluating Contract Claims. Blackwell Publishing
3. Eilenberg, I.M. 2003 Dispute Resolution in Construction Management. UNSW Press
4. Jones, Doug. 1996. Building and Construction Claims and Disputes. Construction Publications Pty Ltd
5. Davenport P. 2010 Adjudication in the Building Industry, The Federation Press.
6. Davenport P. 2006 Construction Claims, The Federation Press.
7. Cooke, Architects, Engineers and the Law, The Federation Press.

References
1. Standards Australia. 1992. General Conditions of Contrac, AS2124
2. Standards Australia. 1992.General Conditions of Contract for Design and Construct, AS4902
3. HB325- Assuring Probity in decision making
4. Queensland Building Services Authority Act 1991 & Queensland Building Services Authority Regulation 1992
5. Building and Construction Industry Payments Act 2004

Risk assessment statement

You will undertake lectures and tutorials in the traditional classrooms and lecture theatres. As such, there are no extraordinary workplace health and safety issues associated with these components of the unit.

Additional Costs
There are no out of the ordinary costs associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 22-Oct-2012