LAW09009 2017 Construction Contract Law

General Details

Full Title
Construction Contract Law
Transcript Title
Construction Contract Law
Code
LAW09009
Attendance
N/A %
Subject Area
LAW - Law
Department
CENG - Civil Eng. and Construction
Level
09 - NFQ Level 9
Credit
05 - 05 Credits
Duration
Semester
Fee
Start Term
2017 - Full Academic Year 2017-18
End Term
2019 - Full Academic Year 2019-20
Author(s)
Mel Casserly, Leigh McLoughlin, Gary McGinty
Programme Membership
SG_SSTRA_S09 201700 Certificate in Strategic Construction Management SG_SCONS_S09 201700 Certificate in Construction Law, Procurement and Finance SG_SPROJ_O09 201700 Postgraduate Diploma in Science in Project Management SG_SCONS_S09 201800 Certificate in Science in Construction Law, Procurement and Finance
Description

The module will provide learners with the necessary legal knowledge to understand and identify the complexities of law surrounding construction contracts in doing so learners will be able to recognise and confront the kinds of problem that can get in the way of successful constuction contract/project management . The legal meaning and implication of key terms in construction contracts and their impact on the administation will be examined in detail.  The prinicipal legal differences between standard forms of contract, both national and international, will be identified and evaluated. The nature and type of construction claims will be considered as well as the various dispute resolution mechanisms curently employed within the construction ndustry

 

Learning Outcomes

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

1.

Appraise the various types and standard forms of construction contracts in common use in the construction industry demonstrating a critical awareness of the main contractual framework established in the main standard form of construction contract and the significance of specific contractual terms within a construction contract

2.

Critically assess the role, obligations and responsibilities of the employer, contractor and subcontractor under construction contracts.

3.

Assess and analyse legal concepts/facts and formulate reasoned legal opinion/advice.

4.

Demonstrate knowledge and understanding of the legal and statutory requirements for the resolution of construction contractual disputes including conflict management and dispute resolution procedures within the construction process including the  requirements and function of the expert witness within the construction industry and in particular their role and the importance of evidence.

5.

Critically analyse and appraise the key legal concepts underpinning  standard construction terms and provisions which are encountered in the administration of construction contracts.

6.

Critically assess and appraise the validity of various contractual claims

Teaching and Learning Strategies

The module will be delivered with online lectures with a strong linkage to case law to provide practical example to explain the theories. This module can be taught using a combination on‑line lectures and online tutotials. A range of Computer‑Aided Learning (CAL) packages are also used to support this module (e.g. Moodle, Adobe Connect, Panopto,) Students are provided with electronic materials for self‑assessment and preparation for assessments/assignments. Self‑directed, student‑centred, independent learning is a core aspect through completion of module coursework

Module Assessment Strategies

Continuous Assessment will conribute 40% of the overall mark.

Students will be given a mixture of essays, assignments and quizzes that will relate to learning outcomes thus increasing their overall depth of knowledge within that particular strand.

Students will be required to pass both the Continuous Assessment and Final Examination elements of the module

Repeat Assessments

Students will be required to repeat and resubmit any failed coursework

Students will be required to repeat and resit failed written examinations

Indicative Syllabus

Construction Contract Law
Introduction to Construction Contract Law / The Industry

Time - Variations / Extensions of Time / Liquidated Damages

Quality - Collateral Warranties

Letters of Intent

Bonds and Insurances

Contractual obligations of Employer / Contractor / Subcontractor

Standard Forms of Contract

Ireland - Public Works, RIAI, ETC

International - NEC3/4, FIDIC, JCT,

Contractual Claims

Nature of Claims / Conditions Precedent

Types of Claim - Delay / Disruption/ Acceleration/ Loss and Expense/ Prolongation / Global, etc

Causation and Records

Disputes and their resolution

Evidence and Expert Witness

Litigation

Adjudication

Concilliation

Arbitration

Advocacy

 

 

 

Coursework & Assessment Breakdown

Coursework & Continuous Assessment
40 %
End of Semester / Year Formal Exam
60 %

Coursework Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 MCQ Continuous Assessment Multiple Choice 10 % OnGoing 2,4,5,6
2 Topical Essay Continuous Assessment Essay 15 % Week 4 1,2,3,4,5,6
3 Case Law/Claim Problem Continuous Assessment Assignment 15 % Week 8 1,2,3,5,6

End of Semester / Year Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 Wriiten Exam Final Exam Closed Book Exam 60 % End of Semester 1,2,3,4,5,6
             
             

Full Time Mode Workload


Type Location Description Hours Frequency Avg Workload
Lecture Tiered Classroom Lecture 2 Weekly 2.00
Independent Learning Not Specified 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 Lecture 1 Weekly 1.00
Independent Learning Not Specified Self Directed Learning 1 Weekly 1.00
Directed Learning Not Specified Directed Learning 1 Weekly 1.00
Total Part Time Average Weekly Learner Contact Time 2.00 Hours

Online Learning Mode Workload


Type Location Description Hours Frequency Avg Workload
Lecture Not Specified On-Line Lecture 1 Weekly 1.00
Tutorial Not Specified Self Directed Learning 1 Weekly 1.00
Independent Learning Not Specified Independent Learning 7 Weekly 7.00
Total Online Learning Average Weekly Learner Contact Time 2.00 Hours

Module Resources

Non ISBN Literary Resources


1. Furmston, M. (2012) Building Contract Casebook, 5th Edition. Oxford, Blackwell.

2. Gaitskell, R. (201) Construction Contracts Law and Management. 2th ed. London, ICE Publishing

3. Adriaanse, J. (2016) Construction Contract Law. 4th Edition, Basingstoke, Palgrave MacMillan.

4. Baster, J., Minogue, A., O'Reilly, M., Ramsey, V. eds. (2011) Construction Law Handbook. 7th ed. London, Thomas Telford Journals.

5. Uff, J. (2017) Construction Law. 12 th ed. London, Sweet and Maxwell.

6. Hewitt, A (2016) Construction Claims and Responses, 2nd Edition, LOndon, Wiley Blackwell

7. Klee, L, (2015) International Construction Contract Law, London, Wiley Blackwell

URL Resources

Westlaw Legal Database - www.westlaw.ie

Society Of Construction Law - www.scl.org.uk

British and Irish Legal Information Institute  - www.bailii.org

Other Resources

None

Additional Information

None