76043 Building and Construction Law

Warning: The information on this page is indicative. The subject outline for a particular semester, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Handbook description

This subject examines the legal and commercial relationships that typically are brought into existence during residential and commercial building and construction projects. It examines the roles of the various project participants such as clients, project managers, design and engineering professionals, cost consultants, contractors and subcontractors with particular reference to their contractual roles and responsibilities. The subject canvases the various ways in which projects are procured with reference to various forms of contract and the risks associated with each procurement method. Students are also made aware of the various ways in which the practical and legal risks can be managed through effective risk distribution and contract drafting. Some aspects of the legislative framework within which both the residential and commercial sector operates will be considered together with examples of various practical applications. Suitable dispute resolution processes are explained together with the use of expert evidence in the litigation of building and construction disputes.

Subject objectives/outcomes

This subject will assist students to develop graduate attributes by pursuing the following learning objectives. Students will be encouraged to actively participate in class discussion and will complete assessment tasks designed to assess their attainment of the identified attributes.

Objective 1: To understand the roles and practical and legal implications of the relationships between the various parties typically involved in a building or construction project - Targeting Graduate Attributes:1, 2, 4, 5

Objective 2: To understand the different procurement methods and types of contract used in the building and construction industry - Targeting Graduate Attributes: 1, 2, 5

Objective 3: To understand the legislative framework within which the building and construction industry operates - Targeting Graduate Attributes: 1, 2, 4, 5

Objective 4: To understand the causes of various kinds of disputes in building and construction and the mechanisms which are available to resolve them - Targeting Graduate Attributes: 1, 2, 4, 5

Objective 5: To understand the issues which need to be carefully managed in the litigation of residential and construction disputes - Targeting Graduate Attributes: 1, 2, 4, 5

Contribution to course aims and graduate attributes

The UTS, Faculty of Law has identified a number of professional attributes that graduates from the Faculty will possess upon graduation.

INTELLECTUAL
1. Critical Thinking: An appropriate level of independent thinking, creativity and critical analysis.
2. Analysis and Evaluation: An ability to strategically analyse issues of law, evaluate options and viewpoints to reach and implement decisions.
3. Spoken and Written Communication: Advanced oral and written communication skills.
4. Legal Research and Technological Literacy: Appropriate research techniques to acquire, distil and utilise legal information.

PROFESSIONAL
5. Disciplinary Knowledge: A coherent and extensive knowledge of substantive and procedural law.
6. Lifelong Learning: A capacity to continually update the knowledge skills and awareness appropriate to the practice of law.
7. Ethics: A capacity to value and promote honesty, accountability and ethical standards.

PERSONAL
8. Self and Cooperative Work Management: Self and priority management skills including cooperative work.
9. Cultural Awareness and a Global Outlook: An appreciation and valuing of cultural and intellectual diversity and an ability to function in a global environment.
10. Social Justice: An acknowledgement and acceptance of individual responsibilities and obligations and of the assertion of the rights of the individual and the community.

Teaching and learning strategies

Strategy 1: Theory and practice. Classes will be conducted by a lecturer with 20 years practical experience in building and construction and who is also a practicing barrister in NSW.
Strategy 2: Discussion of relevant case studies. Each class will incorporate discussion of actual case studies to illustrate the principles and issues being taught as part of the subject.
Strategy 3: Class presentations. Two classes will be dedicated to presentations by students in groups of 2 on approved topics related to the topic.
Strategy 4: Research paper. Students will be required to submit a detailed research paper on a topic approved by the lecturer and relevant to the subject

Content

• The nature of the building and construction industries
• Commercial procurement methods
• Residential building and construction
• Building and construction contracts
• The role of the Superintendent
• Construction claims and disputes
• Introduction to Alternative Dispute Resolution
• Litigation of building and construction disputes
• Experts and expert evidence
• Security of Payments Act

Assessment

Assessment Item 1: Class participation

Assessment Item 2: Research paper

Assessment Item 3: Exam