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 2025 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70517 Equity and Trusts OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.
Description
This subject provides an introduction to and an overview of the legal and commercial relationships associated with the construction of major infrastructure projects. The overarching focus of the subject is how parties manage legal and commercial risk through effective risk distribution and contract drafting. Various areas of law which are involved in the project lifecycle, including liability, time, payment requirements, safety legislation and intellectual property, are examined throughout the subject. 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 are considered, together with examples of various practical applications.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | understand the practical and legal implications of the relationships between the various parties typically involved in the delivery of major projects; |
|---|---|
| 2. | understand how legal and commercial risk is managed in the delivery of major projects; |
| 3. | understand the different procurement methods and types of contract used in the industry; |
| 4. | understand the legislative framework within which the industry operates; |
| 5. | understand the causes of various kinds of disputes which may emerge and the mechanisms which are available to resolve them; |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1) - Collaboration
Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
a. An ability to give and receive feedback;
b. Appropriate professional and interpersonal skills in working collaboratively;
c. A capacity to develop strategies to successfully negotiate group challenges; and
d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)
Teaching and learning strategies
Strategy 1: Independent Learning
Student learning outside the scheduled Zoom classes is a key learning strategy in this subject. Through a range of activities, students will be in control of their learning and need to ensure they manage their time for preparation. Students are expected to be thoroughly prepared for each topic.
Strategy 2: Engaging in Zoom Classes
Zoom classes involve presentations by the lecturer, guest lecturers and student led collaborative presentations. The Zoom classes assist students to consolidate and develop their own learning by testing out and receiving feedback on their understanding of subject material from the lectures, PowerPoint slides and prescribed readings.
Strategy 3: Collaborative Presentation
From Week 2, approximately 40 minutes of each class will be dedicated to two seminar questions which will focus on the course content from the previous week. Students will be allocated into groups of four students (dependent on student numbers) and each week, two groups will be required to answer one seminar question per group and present to the class. Students in their allocated group will be required to collaborate and communicate with each other to prepare for the 20 minute presentation. Students may use PowerPoint slides and visual tools and must be prepared to answer questions which the other students will be encouraged to ask. In preparing for the collaborative presentation, students gain relevant, knowledge and skills by focusing on the practical application of the law when delivering major projects. Students also develop their individual and teamwork communication skill.
Strategy 4: Case studies
Case studies will be presented to establish a framework for analysis. Students will be provided with information that will encourage them to figure out solutions and then to identify how to apply those solutions in other similar situations. The subject follows the life cycle of a project, from project planning to completion and disputes to ensure students are given an understanding of what happens throughout the life of a project. Students are actively engaged in figuring out the principles by abstracting from the examples. Students will develop their problem solving and analytical skills.
Subject Delivery
This subject is delivered online in a combination of lecture and tutorial format.
Content (topics)
- Delivering Projects
- Delivery structures, managing risk and tendering
- Managing Liability
- Contract types
- Site and Planning Issues
- Time
- Design, Quality and Scope
- Payment
- Safety
- Intellectual Property
- Managing Disputes
- Case Studies
Assessment
Assessment task 1: Class participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.5.1 and LAW.6.1 |
|---|---|
| Weight: | 20% |
Assessment task 2: Case study questions based on Case Study One
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.5.1 and LAW.6.1 |
|---|---|
| Weight: | 40% |
| Length: | 4 x 500 words |
Assessment task 3: Final take home Examination
| Weight: | 40% |
|---|---|
| Length: | 2000 words |
Required texts
John B.Dorter and John J. Sharkey, Building and Construction Contracts in Australia: Law and Practice, (Thomson Reuters)
Available through the UTS Library in Westlaw, as a looseleaf service
Recommended texts
Books
I.N. Duncan Wallace, Hudson's Building and Engineering Contracts, (Sweet & Maxwell Ltd, 10th ed, 1979)
Vivian Ramsay and Stephen Furst, Keating on Construction Contracts, (Sweet & Maxwell Ltd 11th ed, 2020)
Looseleaf services
Dorter and Sharkey, Building and Construction Contracts in Australia, Westlaw AU
Other resources
Australian Construction Law Bulletin, LexisNexis AU
Australian Construction Law Newsletter,
Building and Construction Law Journal, Westlaw AU
International Construction Law Review, Lloyd's of London
National Guidelines for Infrastructure Project Delivery
https://www.infrastructure.gov.au/infrastructure/ngpd/index.aspx