LAW06042 2019 Construction Law

General Details

Full Title
Construction Law
Transcript Title
Construction Law
Code
LAW06042
Attendance
N/A %
Subject Area
LAW - Law
Department
CENG - Civil Eng. and Construction
Level
06 - NFQ Level 6
Credit
05 - 05 Credits
Duration
Semester
Fee
Start Term
2019 - Full Academic Year 2019-20
End Term
9999 - The End of Time
Author(s)
Gary McGinty
Programme Membership
SG_CCONS_C06 201900 Higher Certificate in Science in Construction Economics SG_JQUAN_H08 201900 Bachelor of Science (Honours) in Quantity Surveying SG_CCEOL_C06 201900 Higher Certificate in Engineering in Construction Economics (Add-On) SG_JQUAN_B07 201900 Bachelor of Science in Quantity Surveying
Description

The course will expand the learners legal knowledge to understand and identify the key legal issues impacting on construction project and contracts. The legal meaning and implication of key terms in construction contracts will be examined in detail. Issues relating to the administration of contract projects will also be considered. The main legal difference between clauses standard forms of contract will be identified and evaluated. This module will combine a mix of theory and problems (based on case law) to illustrate the application of key principles.

Learning Outcomes

On completion of this module the learner will/should be able to;

1.

Critically assess the role, obligations and responsibilities of the employer and the contractor under both the construction contract and the general operation of the law

2.

Demonstrate an applied understanding of the general law underpinning many standard construction terms and provisions which are encountered in the administration of consrtuction contracts.

3.

Identify, evaluate and assess key legal issues and  differences between standard forms of construction contract

4.

Demonstrate understanding of the legal and statutory requirements of both health and safety and employment as they relate to construction projects

5.

Assess and analyse legal concepts/facts and formulate legal opinion/advice on varying area of construction law

Teaching and Learning Strategies

This module will be delivered using blended learning techniques.

 This will include lectures, workshops and work based learning where relevant along with guest lectures and augmented by independent learning and directed learning.

 This approach is expected to address student learning needs.

 Moodle will be used to upload educational material (i.e. presentations and recordings of online lectures plus supplementary reading material and additional resources).

 Moodle will also be further used as a means of assessment forr the uploading of assignments and reports.

 This multi‑faceted, blended approach of; lectures, workshops and online resources fosters collaborative student learning.

Module Assessment Strategies

Module will be assessed using a combination of end of semester final exam (70%), continuous assessment and course work (30%).

Repeat Assessments

Repeat Continuous Assessment and/or Final Exam.

Module Dependencies

Prerequisites
Law - QUSU07001

Indicative Syllabus

1. Construction Insurance

2. Bonds, Guarantees and Security

3. Tendering and Contract Documents

4. Obligations of Contractor and Employer

5. Contractual Terms In Construction Contracts including Bespoke Terms

6. Time & Liquidated Damages

7. Variations & payment

8. Delay and Disruption

9. Related Construction Legislation 

1o. Standard Forms Of Contract

11. Litigation In Construction

12. Employment Law

13. Construction Heath & Safety Law

Coursework & Assessment Breakdown

Coursework & Continuous Assessment
30 %
End of Semester / Year Formal Exam
70 %

Coursework Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 Continuous Assessment Esaay, Probelms, Assignment, Presentation, Quiz, CA Exam Continuous Assessment UNKNOWN 30 % Any 1,2,3,4,5
             
             

End of Semester / Year Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 Final Exam Written Paper Final Exam UNKNOWN 70 % End of Year 1,2,3,4,5
             
             

Full Time Mode Workload


Type Location Description Hours Frequency Avg Workload
Lecture Flat Classroom 2 x 1 Hour Lecture 2 Weekly 2.00
Independent Learning UNKNOWN Self Directed Learning 5 Weekly 5.00
Total Full Time Average Weekly Learner Contact Time 2.00 Hours

Part Time Mode Workload


Type Location Description Hours Frequency Avg Workload
Lecture Distance Learning Suite Online Lecture 1 Weekly 1.00
Tutorial Online Tutorial 1 Weekly 1.00
Independent Learning Not Specified Self Directed Learning 5 Weekly 5.00
Total Part Time Average Weekly Learner Contact Time 2.00 Hours

Online Learning Mode Workload


Type Location Description Hours Frequency Avg Workload
Lecture Distance Learning Suite On Line Lecture 1 Weekly 1.00
Independent Learning Not Specified Self Directed Learning 5 Weekly 5.00
Directed Learning Not Specified Directed Learning 1 Weekly 1.00
Total Online Learning Average Weekly Learner Contact Time 2.00 Hours

Required & Recommended Book List

Required Reading
2012-01-11 Powell9;]Smith and Furmston's Building Contract Casebook John Wiley & Sons
ISBN 9781119963882 ISBN-13 1119963885

The interaction between general principles and the provisions of the standard building and construction contracts is a central feature of construction law. The major part of the law is laid down in decided cases, and construction professionals should be familiar with these cases but the information is scattered throughout a large number of law reports. The fifth edition of Powell Smith and Furmston's Building Contract Casebook is designed to help construction professionals become familiar with those key cases. It brings together a wide range of cases on the main aspects of the law of construction contracts, states the principle established by each case and gives a summary of the facts and the decision. For the majority of cases, verbatim extracts from the judgment are included. The casebook presents the leading cases on each topic, together with many lesser-known but important decisions. A number of useful decisions from the Commonwealth are also included. Throughout, the author's approach is practical rather than academic.

Required Reading
2011 Delay and Disruption Claims in Construction Inst of Civil Engineers Pub
ISBN 0727757059 ISBN-13 9780727757050

Drawing on their experience, the authors outline a practical approach to the presentation of delay and disruption claims in construction within a legal, contractual and technical framework. Detailed case studies are used to describe the different problems that can be encountered.

Recommended Reading
2014 Construction Contract Variations Informa Law
ISBN 1843119501 ISBN-13 9781843119500

Changes to the work on construction projects are a common cause of dispute. Such variations lead to thousands of claims in the UK every year and many more internationally. Liability for variations is not only relevant to claims for sums due for extra work but this is also an important underlying factor in many other construction disputes, such as delay, disruption, defects and project termination. This is the first book to deal exclusively with variations in construction contracts and provide the detailed and comprehensive coverage that it demands. Construction Contract Variations analyses the issues that arise in determining whether certain work is a variation, the contractor's obligation to undertake such work as well as its right to be paid. It deals with the employer's power to vary and the extent of its duties to approve changes. The book also analyses the role of the consultant in the process and the valuation of variations. It reviews these topics by reference to a range of construction contracts. This is an essential guide for practitioners and industry professionals who advise on these issues and have a role in managing, directing and compensating change. Participants in the construction industry will find this book an invaluable guide, as will specialists and students of construction law, project management and quantity surveying.

Required Reading
2016-08-19 Construction Contract Law Macmillan International Higher Education
ISBN 9781137009609 ISBN-13 1137009608

Covering the essentials of construction contracts, including how the law has developed, the reasoning behind key clauses and how contract law is applied in practice, this is an invaluable guide for students at undergraduate and postgraduate level, as well as for professionals working in the field.

Recommended Reading
2018-07-17 International Construction Contract Law John Wiley & Sons
ISBN 9781119430520 ISBN-13 1119430526

The updated second edition of the practical guide to international construction contract law The revised second edition of International Construction Contract Law is a comprehensive book that offers an understanding of the legal and managerial aspects of large international construction projects. This practical resource presents an introduction to the global construction industry, reviews the basics of construction projects and examines the common risks inherent in construction projects. The author an expert in international construction contracts puts the focus on FIDIC standard forms and describes their use within various legal systems. This important text contains also a comparison of other common standard forms such as NEC, AIA and VOB, and explains how they are used in a global context. The revised edition of International Construction Contract Law offers additional vignettes on current subjects written by international panel of numerous contributors. Designed to be an accessible resource, the book includes a basic dictionary of construction contract terminology, many sample letters for Claim Management and a wealth of examples and case studies that offer helpful aids for construction practitioners. The second edition of the text includes: Updated material in terms of new FIDIC and NEC Forms published in 2017 Many additional vignettes that clearly exemplify the concepts presented within the text Information that is appropriate for a global market, rather than oriented to any particular legal system The essential tools that were highlighted the first edition such as sample letters, dictionary and more A practical approach to the principles of International Construction Contract Law and construction contract management. Does not get bogged down with detailed legal jargon Written for consulting engineers, lawyers, clients, developers, contractors and construction managers worldwide, the second edition of International Construction Contract Law offers an essential guide to the legal and managerial aspects of large international construction projects.

Recommended Reading
2015 Construction Contracts
ISBN 1317442261 ISBN-13 9781317442264

The fifth edition of this bestselling textbook has been thoroughly revised to provide the most up-to-date and comprehensive coverage of the legislation, administration and management of construction contracts. It now includes comparisons of working with JCT, NEC3, and FIDIC contracts throughout. Introducing this topic at the core of construction law and management, this book provides students with a one-stop reference on construction contracts. Significant new material covers:procurement tendering developments in dispute settlementcommentary on all key legislation, case law and contract amendme.

Recommended Reading
2018-07-16 Essentials of Irish Labour Law
ISBN 190553695X ISBN-13 9781905536955

This edition of the bestselling comprehensive textbook on Irish labour law has been fully updated and revised to reflect all the major legislative and case law changes in labour law in Ireland. New developments include: reforms of the State's industrial relations structures under the Workplace Relations Act 2015; Protected Disclosures Act 2014 on workplace whistleblowing; landmark CJEU case (Achbita) on employees wearing visible political or religious symbols while at work; the Uber case and the definition of 'employee'; developments in the law on employment permits; mandatory retirement ages; recent Supreme Court, Court of Appeal, and High Court decisions; and more. Essentials of Irish Labour Law, Third Edition provides an historical context to labour law with particular reference to the Constitution, EU law, common law, international conventions, the labour market, and unions. This book examines the various legal structures and regulatory frameworks-domestic and European-that underpin determinations and decisions made in relation to labour law. It presents and evaluates the nature of employment contracts, conditions of employment, and termination of employment with details of legislation and relevant recent case law. Issues such as safety, health and welfare at work, equality legislation and terms and conditions of employment legislation are detailed throughout the text. [Subject: Irish Law, Labor Law]

Recommended Reading
2012-03-16 Health, Safety and Welfare Law in Ireland Gill & MacMillan
ISBN 0717152634 ISBN-13 9780717152636

Introduction to health, safety and welfare law in Ireland. Including guidelines on all recent legislation and safety documents.

Module Resources

Non ISBN Literary Resources

See Booklist

Journal Resources

Westlaw Database

Construction Engineering and Energy Law Journal of Ireland

URL Resources

Society of Construction Law

www.bailli.org

www.hsa.ie

Other Resources

Legal articles, commentary and legal cases

Journals

Additional Information

None