76043 Building and Construction Law
Warning: The information on this page is indicative. The subject outline for a
particular session, 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.
Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 70517 Equity and Trusts
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
This subject provides an introduction to and an overview of 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 learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | understand the roles and practical and legal implications of the relationships between the various parties typically involved in a building or construction project; |
|---|---|
| 2. | understand the different procurement methods and types of contract used in the building and construction industry; |
| 3. | understand the legislative framework within which the building and construction industry operates; |
| 4. | understand the causes of various kinds of disputes in building and construction and the mechanisms which are available to resolve them; |
| 5. | understand the issues which need to be carefully managed in the litigation of residential and construction disputes. |
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 (topics)
- 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 task 1: Class participation
| Weight: | 10% |
|---|
Assessment task 2: Choice of Presentation or Research Paper
| Weight: | 40% |
|---|---|
| Length: | 2500 words |
Assessment task 3: Final Examination
| Weight: | 50% |
|---|---|
| Length: | Equivalent to 2,500 words |
Required texts
Bailey and Bell, Construction Law in Australia, 3rd edition, 2011, Lawbook Co.
Davenport, Adjudication in the Building Industry, 3rd edition 2010, Federation Press
Recommended texts
Books
Bailey and Bell, Understanding Australian Construction Contracts, 2008, Lawbook Co.
Carter, Contract Law in Australia, 2013, Butterworths
Jacobs, Security of Payments in the Australian Building & Construction Industry, 4th ed, 2011, Thomsonreuters
Loots and Charrett, Practical Guide to Engineering and Construction Contracts, 2009, CCH
Shnookal, Whitten and Cremean, Brooking on Building Contracts, 2003, Butterworths
Davenport, Construction Claims , 1995, Federation Press
Looseleaf services
Cullen, Building Contracts Australia, LexisNexis AU
Dorter and Sharkey, Building and Construction Contracts in Australia, Westlaw AU
Genco et al, Building Regulation Australia, LexisNexis AU
MacLeman, Building Service NSW, Westlaw AU
Other resources
Australian Construction Law Bulletin, LexisNexis AU
Building and Construction Law Journal, Westlaw AU
