Units

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Sample subject outline - Semester 2 2013

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

Rationale

Preparation of construction and engineering contracts has now become a distinct area of legal practice with many firms having established sections which specialise in this area. A sound knowledge of the standard forms used in the industries and the special principles of law applicable to this area is essential for those wishing to practise in the area. This unit provides the knowledge sought by current and future practitioners and those considering embarking upon research in this area.

Aims

This unit aims to overview the law relating to contracting in the construction industry in the context of current industry practice.

Objectives

On completion of this unit, you should be able to :
1. apply and evaluate the standard forms used in the construction and engineering industries in Australia;
2. explain the doctrines of law affecting construction and engineering contracts;
3. interpret legislation affecting the construction and engineering industries;
4. recognise deficiencies and shortcomings in construction, engineering and related contracts;
5. identify, analyse and appreciate key issues in construction and engineering law; and
6. critically evaluate the standard forms used in the industries and legislation and judicial decisions relevant to the industries (in particular such standard forms) and legal research relevant to the industries.

Content

The topics that will be considered are as follows.

• Types of Contracts;


• Contractor's Obligations;


• The Work Under the Contract/Directions/Variations;


• Time Payment and Certificates;


• The Superintendent;


• Breach of Contract and Determination;


• Suspension, Cancellation and Frustration;


• Site Conditions and Disputes;


• Tendering;


• Partnering and Alliancing;


• Relevant Legislation;


• Other Forms of Construction Contracts;


• Consultants' Terms of Engagement

Approaches to Teaching and Learning

This unit is taught in discussion format. Students will be provided with prescribed reading and will be nominated to present to the class on prescribed topics throughout the unit.

External students will be provided with access to recordings of these small group discussion forums.

Assessment

The assessment in this unit will be both formative and summative.Oral feedback will be offered to you by the lecturer during class discussion. You will also have the opportunity to consult with staff on an informal basis about any aspect of the unit throughout the semester. You will receive written feedback on your research paper.

Assessment name: Research Paper
Description: Approximately 6,000- 8,000 words on a on a topic selected from a list of topics proposed by the unit coordinator. Your research paper should comply with the rules for the presentation of research papers and projects in the section on 'Guidelines for Presentation of Research Papers and Research Projects' in the Postgraduate Student Information Booklet. The citation method required for written assessment may be found in Written Assessment in the Law School: Legal Citation which is accessible through http://www.student.qut.edu.au/about/faculties-institutes-and-divisions/faculties/law/publications/_nocache-.
Relates to objectives: This links to objectives 1-6
Weight: 70%
Internal or external: Both
Group or individual: Individual
Due date: End of Week 13

Assessment name: Discussion Forum
Description: Class participation including performance in critiquing part of one or more standard forms, legislative provisions or judgements.
Relates to objectives: This links to objectives 1-6
Weight: 30%
Internal or external: Internal
Group or individual: Individual
Due date: Weekly

Assessment name: Problem Solving Exercise
Description: You will be required to answer in approximately 1,500 words an exercise relating to aspects of the course, which will be mainly in the form of problem-solving.
Relates to objectives: Relates to learning outcomes: 1-6
Weight: 30%
Internal or external: External
Group or individual: Individual
Due date: TBA

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

1. Australian Standard General Conditions of Contract (AS4000) (1997)
2. Australian Standard General Conditions of Contract for Design and Construct (AS4902)
3. Queensland Building Services Authority Act 1991 & QBSA Regulation 1992 (1992)
4. John Dorter and John Sharkey, Building and Construction Contracts in Australia: Law & Practice, (The Law Book Company Limited, Sydney, 2nd ed, 1990) Chapter 4

Risk assessment statement

There are no out of the ordinary risks 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: 05-Apr-2013