16022 Construction Law & Ethics
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 2024 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
There are course requisites for this subject. See access conditions.
Description
This is a core first-year subject in the Bachelor of Construction Project Management (C10214). It provides students with an introduction to law for the built environment. Students are introduced to the Australian legal system and how it impacts on the nature of the construction industry. The subject covers contract law and torts law with a focus on the construction and building sectors and the obligations that are imposed on construction and building professionals. Examples of relevant contractural and principles of contract law and tort law are drawn from cases primarily dealing with construction and building law. The subject also covers two important areas of law , which are crucial for all construction and building professionals, namely Australian Consumer Law and Australian Competition Law.
Students are also taught what constitutes a legal source as well as a basic introduction to legal citation and how to find sources of law.
Subject learning objectives (SLOs)
On successful completion of this subject, students should be able to:
| 1. | Understand the legal and regulatory framework in place to Australia and the structure of law-making power in Australia. |
|---|---|
| 2. | Understand the major sources of legal liability for construction and property professionals in Australia. |
| 3. | Understand the basic principles of the land titling system in Australia. |
| 4. | Understand where and how to find law in Australia. Able to differentiate between primary and secondary sources. |
| 5. | Demonstrate proficiency in written communications, including being able to understand how legal opinions are structured. |
| 6. | Demonstrate proficiency in applying legal principles covered in the course to simple fact-based legal problems. |
| 7. | Read and summarise key principles from relevant cases (learning how to prepare a case note). |
| 8. | Apply appropriate problem solving methodology by learning how to engage in legal reasoning. |
| 9. | Critically engage with the legal principles discussed in the course, including the ability to question the legal principles discussed throughout the course. |
| 10. | Demonstrate a basic understanding of the difference between legal and ethical frameworks for construction and property professionals. |
Course intended learning outcomes (CILOs)
This subject also contributes to the following Course Intended Learning Outcomes:
- Identify ethical issues and apply informed ethical judgements in professional Contexts. (A.1)
- Apply a variety of communication skills and technologies in professional contexts. (C.1)
- Operate effectively within the social, legal and technical framework of the design and construction process. (P.1)
- Apply the body of knowledge underpinning construction project management practice. (P.2)
- Source evaluate and use information to approach new projects/problems. (R.1)
- Critically analyse, structure and report the results of a research project. (R.2)
Contribution to the development of graduate attributes
The term CAPRI is used for the five Design, Architecture and Building faculty graduate attribute categories where:
C = communication and groupwork
A = attitudes and values
P = practical and professional
R = research and critique
I = innovation and creativity.
Course intended learning outcomes (CILOs) are linked to these categories using codes (e.g. C-1, A-3, P-4, etc.).
Teaching and learning strategies
The learning activities in this subject involve lectures and tutorials. Emphasis is placed on students engaging with the
online materials and required readings for the subject. Lectures provide an overview of the subject materials only. The
combined lecture/tutorials provide an opportunity for students to discuss legal concepts and gain further knowledge
from the prescribed materials.
At all stages of the course, students are asked to engage in independent reading and preparation for tutorials as well
as further reflection following each topic. Students are further supported by the use of Canvas which provides access
to electronic copies of additional teaching and learning materials for the subject. Students who are identified as being
required to attend Language Development Tutorials are further supported by the University to improve their English
Language proficiency in classes developed by the University's Language Development Team.
OPELA and Language Development Tutorials
The University requires you to develop academic and professional language and communication skills in order to
succeed at university and in the workplace. To determine your current academic language proficiency, you are
required to complete an online language screening task, OPELA (information available at
https://www.edu.au/research-and-teaching/learning-and-teaching/enhancing/language-and-learning/about-opela-studen
An OPELA will be conducted in this subject. Details of how this is to be undertaken will be provided via
announcements from the University's OPELA team.
If you receive a Basic grade for OPELA, the University requires you to attend additional Language Development
Tutorials (each week from week [3] to week [12] in order to pass the subject. These tutorials are designed to support
you to develop your language and communication skills.
Students who do not complete the OPELA and/or do not attend 80% of the Language Development Tutorials (as
recorded by the University's Language Development Team) will receive a W (result Withheld) grade from that Team.
This grade can be lifted when students complete a Language Development Intensive (LDI) or Language Development
Online (LDO). All communications relating to the OPELA and tutorial attendance at the Language Development
Tutorials need to be directed to the Language Development Team.
Content (topics)
- Introduction to the Australian Legal System
- The Nature of the Construction Industry I and II
- Contract Law I, II and III
- Torts Law I and II
- Establishing a contract and standard- form contracts
- Australian Consumer Law
- Australian Competition Law
Assessment
Assessment task 1: Online Multiple-Choice Quiz
| Intent: | The quiz is designed to test students' understanding of the content in Weeks1 to 5. | ||||||||||||||||||||||||
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| Objective(s): | This task addresses the following subject learning objectives: 1, 10, 3, 7 and 9 This task also addresses the following course intended learning outcomes that are linked with a code to indicate one of the five CAPRI graduate attribute categories (e.g. C.1, A.3, P.4, etc.): A.1, P.1, P.2 and R.1 | ||||||||||||||||||||||||
| Type: | Quiz/test | ||||||||||||||||||||||||
| Groupwork: | Individual | ||||||||||||||||||||||||
| Weight: | 20% | ||||||||||||||||||||||||
| Length: | Information for this assessment is located on Canvas. | ||||||||||||||||||||||||
| Criteria linkages: |
SLOs: subject learning objectives CILOs: course intended learning outcomes |
Assessment task 2: Case-Note
| Intent: | The purpose of this assessment is to provide students with an opportunity to write a case-note on an important case in Cartel Law that focuses on teh Construction Industry. This assessment will provide students with in-depth knowledge and understanding of a recent key decision in law and to learn the implications of the case. | ||||||||||||||||||||||||
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| Objective(s): | This task addresses the following subject learning objectives: 2, 4, 5, 7 and 9 This task also addresses the following course intended learning outcomes that are linked with a code to indicate one of the five CAPRI graduate attribute categories (e.g. C.1, A.3, P.4, etc.): C.1, P.1 and R.2 | ||||||||||||||||||||||||
| Type: | Case study | ||||||||||||||||||||||||
| Groupwork: | Individual | ||||||||||||||||||||||||
| Weight: | 30% | ||||||||||||||||||||||||
| Length: | Information for this assessment is located on Canvas. | ||||||||||||||||||||||||
| Criteria linkages: |
SLOs: subject learning objectives CILOs: course intended learning outcomes |
Assessment task 3: Final Short Problem Questions
| Intent: | The purpose of this assessment is to provide students with an opportunity to identify legal issues and apply the knowledge they acquire in the subject to contemporary issues in construction law. | ||||||||||||||||||||||||
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| Objective(s): | This task addresses the following subject learning objectives: 1, 10, 6, 8 and 9 This task also addresses the following course intended learning outcomes that are linked with a code to indicate one of the five CAPRI graduate attribute categories (e.g. C.1, A.3, P.4, etc.): A.1, P.2 and R.2 | ||||||||||||||||||||||||
| Type: | Quiz/test | ||||||||||||||||||||||||
| Groupwork: | Individual | ||||||||||||||||||||||||
| Weight: | 50% | ||||||||||||||||||||||||
| Length: | Information for this assessment is located on Canvas. | ||||||||||||||||||||||||
| Criteria linkages: |
SLOs: subject learning objectives CILOs: course intended learning outcomes |
Minimum requirements
The DAB attendance policy requires students to attend no less than 80% of formal teaching sessions (lectures and tutorials) for each class they are enrolled in to remain eligible for assessment.
Required texts
The mandatory text in this subject is Adrian Coorey, Introduction to the Australian Legal System (2nd Edition) (Jurisprudentia, Sydney, 2024).
This text can be acquired through the Publisher's website .
It is essential that each student either acquires a copy of this text or obtains one from the Library.
References
Referencing for all sources in this subject is done using the Australian Guide to Legal Citation, 4th edition. The Guide is issued by the Melbourne University Law School and can be found at https://law.unimelb.edu.au/__data/assets/pdf_file/0005/3181325/AGLC4-with-Bookmarks-1.pdf
Referencing is a standardised method of acknowledging sources of information and ideas that you have used in your assignments or research, in a way that uniquely identifies the source.
It is not only necessary for avoiding plagiarism, but also for supporting your ideas and arguments. You will be graded on your referencing in your major assignment (legal report) for the subject.
The UTS Library has developed additional support materials to guide students in the use of the APA referencing style. Further support may be accessed via visiting the following link: https://www.lib.uts.edu.au/help/referencing/apa-referencing-guide.