LAW09009 2019 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
2019 - Full Academic Year 2019-20
End Term
9999 - The End of Time
Author(s)
Mel Casserly, Leigh McLoughlin, Gary McGinty
Programme Membership
SG_SPROJ_M09 201900 Master of Science in Science in Project Management SG_SPROJ_O09 201900 Postgraduate Diploma in Science in Project Management SG_SSTRA_S09 201900 Certificate in Strategic Construction Management SG_SCONS_S09 201900 Certificate 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 construction contract/project management . The legal meaning and implication of key terms in construction contracts and their impact on the administration will be examined in detail.  The principal 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 currently employed within the construction industry

 

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.

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 tutorials. 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

Module will be assessed using a combination of end of semester final exam (60%), continuous assessment and course work (40%).

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.
 

Repeat Assessments

Repeat Continuous Assessment and/or Final Exam

Indicative Syllabus

Construction Contract Law
Introduction to Construction Contract Law and the Construction 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,

Collaborative contracts

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 7 Weekly 7.00
Tutorial 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

Required & Recommended Book List

Required 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.

Required Reading
2011-10-24 Building Contract Claims Wiley
ISBN 0470657383 ISBN-13 9780470657386

Many building projects are the subject of claims the assertion of a right, usually by the contractor, to an extension of the contract period or an additional payment under the terms of the building contract. Many of these claims are unsound or ill-founded, often because the basic principles are misunderstood. This highly regarded book examines the legal basis of claims for extensions of time and additional payment, and what can and cannot be claimed under the main forms of contract. It includes chapters dealing with direct loss and expense, liquidated damages, extension of time, concurrency problems, acceleration, time at large, common law and contractual claims, global claims, and heads of claim and their substantiation. With the publication of the fifth edition, Building Contract Claims has been thoroughly revised to ensure it is fully up to date with the latest contracts, court judgments and building practice. Changes include: Coverage of over 60 additional relevant court cases Coverage of the 2005 JCT contracts suite Coverage of changes to the NEC contract Coverage of additional contracts such as Constructing Excellence; Measured Term Contract and the ACA PPC2000 contract together with the 2005 relevant JCT sub-contracts Important changes to liquidated damages and to extensions of time, and the giving of notices Appendix 1 has been substantially revised Like its predecessors, the fifth edition of Building Contract Claims will be essential reading for architects, contract administrators, project managers and quantity surveyors, as well as contractors, contracts consultants and construction lawyers.

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
2016-08-17 Construction Contract Law Palgrave
ISBN 1137009586 ISBN-13 9781137009586

This comprehensive and popular textbook aims to bridge the gap between theoretical study and practical application. It covers the essentials of construction contracts, including how the law has developed, the reasoning behind key clauses and how contract law is applied in practice, and it helps to make the transition from student to practitioner manageable. This text is intended for all undergraduates studying a construction contract law or a contract administration module or unit. It is ideal for postgraduate degrees in quantity surveying and building surveying, construction project management, and construction management. Civil engineers and students of architecture and architectural technology will find it provides a comprehensive guide to the law in the construction context. It is also very comprehensive in scope and provides sufficient materials to bridge the gap between the student and professional texts.

Required Reading
2016-05-02 Construction Claims and Responses John Wiley & Sons
ISBN 9781119151852 ISBN-13 1119151856

A practical, step-by-step guide for contracts managers, commercial managers, project managers, quantity surveyors, engineers and architects on the preparation of and responses to construction claims. Everyone involved in the preparation or review of construction claims should have this book to hand. The book examines the different types of claim common to construction contracts and presents a step-by-step guide to demonstrate the process of building up the submission of a claim and covers: Various types of claim. How the claim may be split into sections dealing with the details of the contract, the cause, the effect, entitlement and quantum. What this section is attempting to demonstrate or achieve and why. What should be included within the section and why. Worked examples of typical claims and responses with sample wording.

Required Reading
2017-03-31 Construction Law
ISBN 0414055330 ISBN-13 9780414055339

Construction Law provides the reader with a comprehensive guide to the complex world of construction contracts, litigation, planning and environmental law, Public and EU law, statutes, safety and building regulations - all of which are thoughtfully and comprehensively explained in a clear, concise tone that is suitable for both the student and professional reader. Includes key coverage of FIDIC, NECC, JCT and ICE forms

Module Resources

Non ISBN Literary Resources

See Booklist

 

 

Journal Resources

Construction Law Journal

Building and Construction Law Journal (BCL)

International Journal of Construction Management

 

 

 

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

http://www.constructionlaw.uk.com/

Other Resources

Case Law

Legislation

Additional Information

None