MGMT08034 2019 Construction Contracts and Dispute Resolution

General Details

Full Title
Construction Contracts and Dispute Resolution
Transcript Title
Construction Contracts and Dis
Code
MGMT08034
Attendance
N/A %
Subject Area
MGMT - Management
Department
CENG - Civil Eng. and Construction
Level
08 - NFQ Level 8
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, Mel Casserly
Programme Membership
SG_CCONS_K08 201900 Level 8 Honours Degree Add-on in Construction Project Management SG_SCONS_H08 201900 Bachelor of Science (Honours) in Construction Project Management and Applied Technology
Description

This module will cover the standard forms of contract in use in construction, sources of contractual claims, presentation and writing of claims, as well as dispute resolution mechanisms used under those standard forms.

Statutory Adjudication in construction contracts will also be included.  

Learning Outcomes

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

1.

Understand the standard forms of contract, administration of the contract, and risk allocation

2.

Select and evaluate the appropriate forms of contract to allow for correct risk allocation

3.

Discriminate and appraise various methods of dispute resolution available in construction

4.

Apply techniques to the preperation and appraisal of contractual claims

5.

Understand the legislative responsibilities of various parties in the counstruction process

Teaching and Learning Strategies

Lectures and Seminars

Module Assessment Strategies

Continuous Assessment through Project & Quizzes

End of Term Exam

Repeat Assessments

Repeat Exam and Projects as necessary

Indicative Syllabus

1. An outline of main forms of construction contract in use,

2. Detailed review of Public Works Contract including contract administration

3. Review of New Engineering Contract (NEC3 & NEC4) & FIDIC forms of contract.

4. Risk Allocation in Construction Contracts

5. Contractual Claims, formulating and appraising

6. Facilitative methods of Dispute resolution including Mediation & Conciliation

7. Adjudication under the Construction Contracts Act 2013

8. Adjudicative methods of Dispute Resolution including Arbitration, Dispute Review Boards, Expert Determination. 

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 Multiple Choice Moodle Quiz Continuous Assessment Assessment 10 % Week 5 1,2,5
2 Project Continuous Assessment Individual Project 30 % Week 8 2,3
             

End of Semester / Year Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 Final Exam Exam Final Exam Assessment 60 % Week 15 1,2,3,4
             
             

Full Time Mode Workload


Type Location Description Hours Frequency Avg Workload
Lecture Flat Classroom Lectures 3 Weekly 3.00
Independent Learning UNKNOWN Independent Learning 4 Weekly 4.00
Total Full Time Average Weekly Learner Contact Time 3.00 Hours

Part Time Mode Workload


Type Location Description Hours Frequency Avg Workload
Lecture Online Lectures 2 Weekly 2.00
Independent Learning UNKNOWN Independent Learning 5 Weekly 5.00
Total Part Time Average Weekly Learner Contact Time 2.00 Hours

Required & Recommended Book List

Required Reading
2009-11 Minor and Short Forms of Public Works Contracts Designed by the Employer Explained
ISBN 1905536283 ISBN-13 9781905536283

This book is based on and explains the following new public works contracts: "Public Works Contract for Minor Civil Engineering and Building Works Designed by the Employer" and the "Short Form of Public Works Contract for Building and Civil Engineering Works" and, where applicable, the Model Forms issued by the Department of Finance.

Required Reading
2008 Public Works Contract for Civil Engineering Works Designed by the Employer Explained
ISBN 1905536194 ISBN-13 9781905536191

Presents an explanation to the Public Works Contracts of 2007. This book deals with the Civil Engineering Works contracts and is tailored to meet the needs of that profession. It explains various contract clauses in an easy to understand manner to allow the reader to develop an insight into how these contracts will operate. "Public Works Contract for Civil Engineering Works Designed by the Employer" is the second book in the "Explained" series and gives an explanation to the new Public Works Contracts of 2007. This book deals with the Civil Engineering Works contracts and is specifically tailored to meet the needs of that profession. Based on the "Public Works Contract for Building Works Designed by the Employer" this book explains each contract clause in a clear and easy to understand manner to allow the reader to develop an insight into how these contracts will operate. This book also includes sample documents including notices and letters which will add to the readers' understanding of the strict and critical administrative procedures demanded by these contracts. This book is based on the "Public Works Contract for Civil Engineering Works Designed by the Employer and the Model Forms" issued by the Department of Finance on 15th August 2007.

Required Reading
2008-04-21 Mediation of Construction Disputes Wiley-Blackwell
ISBN 1405169311 ISBN-13 9781405169318

This book is written for users of mediation, whether they be a party, an advisor or an expert. It should also be of help to commercial mediators who have no specialism in construction. Its aim is to encourage confidence in the mediation process and to ensure that those who do use mediation to resolve their disputes do so effectively and so are able to maximise the opportunities that mediation offers.

Recommended Reading
02/02/2010 Arbitration and ADR in Construction Disputes Thomson Reuters Ireland

Module Resources

Non ISBN Literary Resources

Hutchinson G.Brian,  Arbitration and ADR in Construction Disputes, , Thomson Reuters Ireland, 2010

Richbell David, Mediation of Construction Disputes, Blackwell publishers, 2008

Egglestone, B., The NEC3 Engineering and construction Contract; A Commentary, Blackwell Publishing 2006

Chappel & Powell Smith, Building Contract Claims, Blackwell Publishers, 2006

Journal Resources

None

URL Resources

https://dbei.gov.ie/en/Construction-Contracts-Adjudication-Service/ - DBEI Construction Adjudication Service

http://etenders.gov.ie/ - Etenders

https://constructionprocurement.gov.ie/ - Government Construction Contracts Website

 

Other Resources
Additional Information

None