MGMT09019 2016 Construction Contracts & Liabilities

General Details

Full Title
Construction Contracts & Liabilities
Transcript Title
NetManCon
Code
MGMT09019
Attendance
N/A %
Subject Area
MGMT - Management
Department
CENG - Civil Eng. and Construction
Level
09 - NFQ Level 9
Credit
05 - 05 Credits
Duration
Semester
Fee
Start Term
2016 - Full Academic Year 2016-17
End Term
9999 - The End of Time
Author(s)
Brian McCann, Gary McGinty, Mel Casserly
Programme Membership
SG_EROAD_N09 201600 Certificate in Engineering Road Maintenance Engineering and Network Management SG_ENETW_S09 201600 Level 9 Special Purpose Award in Engineering Road Network Management SG_EROAD_M09 201600 Master of Engineering in Road and Transport Engineering SG_EROAD_O09 201600 Postgraduate Diploma in Engineering in Road and Transport Engineering
Description

This module aims to introduce the nature and importance of contracts and specifications in the context of Roads Engineering. This course examines the contracts and specifications used in the industry in Ireland, specifically examining the Public Works Contracts and their structure.

The module also will examine in detail the roles, responsibiltiesand powers of roads authorities as set out under the Roads Acts and defined by relevant case law. Learners will be introduced to the Law of Negligence and how it relates to roadworks including potential Liabilities.

 

 

Learning Outcomes

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

1.

Critically analyse  and evaluate the key provisions of Irish Road Legislation and relevent case law. Demostrate the ability to interpret and give reasoned advice on the same.

2.

Evaluate the impact of the law of negligence and the imposition liabilities with respect to roadworks and health and safety

3.

Critically assess varying forms of contract and contrast with the Public Works Contract in relation to the incorporation of terms and conditions relating to the exposure, transfer and mitigation of risk.

4.

Demonstrate knowledge and applied understanding of issues that underpin and influence both contract and procurement of Roads Networks. Critically analyse the key concepts that may arise from particular procurement options.

5.

Critically evaluate the standard dosuments in use in the preperation of Contract Documentation and specifications 

Teaching and Learning Strategies

This module will be delivered through online learning. Students will be required to undertake self directed learning to complement class learning. Two offsite workshops will be held during the semester

 

Module Assessment Strategies

Continuous Assessment will conribute 40% of the overall mark.

Students will be given projects, essays and assignments that will relate to their chosen elective 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

Repeat assessments will be assigned where required

Indicative Syllabus

Contracts & Specifications -

DMRB

Cost Management

Specification of Requirements

Public Works Contracts

Tendering

Roles Responsibilities & Powers

Introduction to Land Law (Ownership, Registration of Title, etc)

Easements and Rights of Ways

Relevent Irish Road Legislation

European Legislation

Relevent case law

Negligence and Liabilities

Introduction to Negligence Law

Occupiers/Public/Vicarious Liability

Remedies and Compensation

Health and Safety for Roadworks

Basic Employment Law and Entitlements

 

 

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 Project Continuous Assessment UNKNOWN 20 % Week 3 4
2 Case Study Continuous Assessment UNKNOWN 15 % Week 8 1,2,3,4,5
3 Multiple Choice Continuous Assessment UNKNOWN 5 % Week 13 1,2,3,4,5

End of Semester / Year Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 Final Exam Final Exam UNKNOWN 60 % End of Term 1,2,3,4,5
             
             

Online Learning Mode Workload


Type Location Description Hours Frequency Avg Workload
Online Lecture Distance Learning Suite Live Lecture 1 Weekly 1.00
Independent Learning Not Specified Self Directed Learning 7 Weekly 7.00
Problem Based Learning Distance Learning Suite Tutorial 1 Weekly 1.00
Workshop Offsite Workshop 2.5 Twice Per Semester 0.33
Total Online Learning Average Weekly Learner Contact Time 2.33 Hours

Module Resources

Non ISBN Literary Resources

1. Baily, P. et al., 2008. Procurement principles and management. 10th ed. Harlow: FT Prentice Hall.

2. Griffiths, M. and Griffiths, I., 2002. Law for purchasing and supply. 3rd ed. Harlow: FT Prentice Hall. ebook

3. Van Weele, A., 2010. Purchasing and supply chain management. 5th ed. Andover: Cengage Learning

4. Mr Justice Bryan M E McMahon and Prof William Binchy., 2013. Law of Torts, 4th ed. Butterworths

5. Bland, P., 2009. Easements, 2nd ed. Roundhall

6. Wylie, J. C. W, 2013, Irish Land Law, 5th ed, Bloomsbury Professional

URL Resources

http://www.irishstatutebook.ie/2007/en/act/pub/0034/

http://www.dft.gov.uk/ha/standards/dmrb/

http://constructionprocurement.gov.ie/

http://www.etenders.gov.ie/

http://www.procurement.ie/

Other Resources

Learners shall also be required to access a range of appropriate books, journal articles, conference papers, symposium papers, white papers, published company/corporate reports, library electronic databases, e-books.

Additional Information

None