MGMT09019 2019 Construction Contracts & Liabilities

General Details

Full Title
Construction Contracts & Liabilities
Transcript Title
Construction Contracts & Liabi
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
2019 - Full Academic Year 2019-20
End Term
9999 - The End of Time
Author(s)
Brian McCann, Gary McGinty, Mel Casserly
Programme Membership
SG_EROAD_O09 201900 Postgraduate Diploma in Engineering in Road and Transport Engineering SG_EROAD_N09 201900 Certificate in Engineering in Road Maintenance Engineering and Network Management SG_ENETW_S09 201900 Level 9 Special Purpose Award in Engineering in Road Network Management SG_EROAD_M09 201900 Master of Engineering in Road and Transport Engineering SG_EPAVE_S09 201900 Level 9 Special Purpose Award in Engineering in Road Pavement Management and Network Operations
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, responsibilities and 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 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 roads authortites

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 using blended learning techniques.

 This will include online lectures (via adobe connect or similar), 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, utilising online quizzes, for the uploading of assignments and reports.

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

Two workshops will be held during the semester

 

Module Assessment Strategies

Continuous Assessment will contribute 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.

 

Repeat Assessments

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

Indicative Syllabus

Contracts & Specifications -

DMRB

Cost Management

Specification of Requirements

Public Works Contracts

Tendering

Dispute avoidance and Resolution

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, Trespass and Nuisance

Land Ownership and Easements

Roads Act 1993

Occupiers/Public/Vicarious Liability

Remedies and Compensation

Health and Safety for Roadworks

 

 

 

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 - Contracts Continuous Assessment Assignment 20 % Week 3 3,4,5
2 Project - Liabilities Continuous Assessment Assignment 20 % Week 8 1,2
             

End of Semester / Year Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 Final Exam Final Exam Closed Book Exam 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

Required & Recommended Book List

Required Reading
2014-10-10 Tort Law in Ireland
ISBN 1905536690 ISBN-13 9781905536696

Part of The Core Text series, this book covers the essential principles of Irish tort law in a clear and succinct style, making it an ideal introduction to the law of tort for undergraduate students. Tort Law in Ireland is fully up-to-date to reflect recent developments in the law, including consideration of new cases on privacy, economic loss, vicarious liability, standard of care, occupiers' liability, and more. The book introduces the central principles and themes of tort law, providing a concise exposition of the law in an easy-to-use format. The book's diagrams, tables, flow-charts, and summaries reinforce the information and provide quick visual cues for the understanding of the main points. Each chapter also examines key Irish legal principles and, with examples of case decisions, places each area of law into context. Contents include: A General Overview * Negligence: Duty of Care * Negligence: Economic Loss * Negligence: Psychiatric Injury * Breach of Duty: The Standard of Care * Causation in Fact * Causation in Law * Employers' Liability and Vicarious Liability * Liability for Defective Products * Trespass to Land * Intentional Interference with the Person * Trespass to Chattels * Nuisance * The Rule in Rylands v Fletcher * Occupiers' Liability * Defamation * Privacy * Defenses and Limitation * Remedies and Principles of Compensation. (Series: The Core Text) [Subject: Tort Law, Irish Law]

Required Reading
17/12/2014 Law of Local Government Roundhall

Recommended Reading
2013-06-30 Law of Torts Bloomsbury Professional
ISBN 1847669174 ISBN-13 9781847669179

This is the complete Irish tort law reference book. The text has been revised extensively since the previous edition was published in 2000. Key developments are detailed and relevant recent case law is examined. This book will be used extensively by both legal practitioners and people studying Irish law.

Recommended 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
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.

Recommended 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.

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

Journal Resources

None

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/

www.bailli.org

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