QUSU08016 2013 Construction Law Liabilities and Obligations

General Details

Full Title
Construction Law Liabilities and Obligations
Transcript Title
Constr Law Liabilities and Oblig
Code
QUSU08016
Attendance
N/A %
Subject Area
QUSU - Quantity Surveying
Department
CENG - Civil Eng. and Construction
Level
08 - NFQ Level 8
Credit
05 - 05 Credits
Duration
Semester
Fee
Start Term
2013 - Full Academic Year 2013-14
End Term
2019 - Full Academic Year 2019-20
Author(s)
Gary McGinty
Description

This subject introduces the learner to the both the source and administraction of constructions law both here in Ireland and in other jurisdictions. The learner is gradually introduced to core legal principles which underpin the construction industry particularly those legal issues that arise during the  the operation and management of the construction projects from inception to completion.

Learning Outcomes

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

1.

Demonstrate knowledge and understanding of the Irish Legal System and the legal systems of other countries. Demonstrate knowledge and understanding of the sources of law relevant to the construction industry.

2.

Demonstrate an in-depth understanding of the key concepts  of both the law of contract and the law of tort and critically assess the important role both play in a construction contract.

3.

Demonstrate an applied knowledge and understanding of salient areas of law applicable to the managment and operation of a construction project in particular public liability, employment law and health and safety law.

4.

Critically assess the role, obligations and responsibilities of the project manager and other proffessionals under both the construction contract and the general operation of the law (legal liability) including underlying ethical considerations.

5.

Identify, evaluate and critically assess, key legal issuea that arising during the course of a construction project and formulate legal advice/opinion based on the thorough examination of the facts and the application of legal concepts.

Module Assessment Strategies

Continuous Assessment to comprise of any of the following:

Eassy on topical issues, Case law problems, Presentation and Legal Debate, Mulitiple Choice Quiz

Indicative Syllabus

1.      Introduction to Law, Morality and Ethics

2.      Sources of Construction Law – EU, Constitution, Legislation, Case Law and ECHR

3.      Administration of Construction Law – Courts, Personnel, etc.

4.      The Law of Contract – Formation, Termination, Discharge

5.      The Law of Contract – Variations, Collateral Warranties, etc

6.      The Law of Tort – Trespass, Nuisance and Negligence

7.      General Liabilities – Occupiers, Employers and Builders

8.      General Commercial Law

9.      Liability of Construction Personnel

10.    Construction Insurance

11.    Construction Employment Law

12     Procurement Law (Public and Private)

13.    The role, obligations and responsibilities of the employer and the contractor under the general application of the law and under the contract

14.    Health and Safety Law and Regulation

Coursework & Assessment Breakdown

Coursework & Continuous Assessment
30 %
End of Semester / Year Formal Exam
70 %

Coursework Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 Continuous Assessment Essay, Assignment, Legal Problems, Presentaion, Quiz Continuous Assessment UNKNOWN 30 % Any 1,2,3,4,5
             
             

End of Semester / Year Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 Final Exam End of Semester Written Exam Final Exam UNKNOWN 70 % End of Term 1,2,3,4,5
             
             

Full Time Mode Workload


Type Location Description Hours Frequency Avg Workload
Lecture Not Specified 3 x 1 Hour Lecture 3 Weekly 3.00
Independent Learning UNKNOWN Self Directed 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 Distance Learning Suite 1 x 2 Hour Lecture 2 Weekly 2.00
Independent Learning UNKNOWN Self Directed Learning 5 Weekly 5.00
Total Part Time Average Weekly Learner Contact Time 2.00 Hours

Module Resources

Non ISBN Literary Resources

1.      Keane  & Hussey.(2007)  Construction Projects: Law and Practise, Round Hall Looseleaf

2.      Doolan, B. (2011) Principles of Irish Law, 8th Edition. Oxford, Blackwell.

3.      Clark, R. (2008) Contract Law in Ireland. 6rd Edition, Dublin, Roundhall

4.      Connolly, U., (2009) Nutshell Tort, 2nd Edition, Dublin, Roundhall

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

6.      Gardiner, N & B., (2011) Irish Health and Safety Law - A guide for small and medium business, 1st Edition, Dublin, Kite Books

7.      Wood, D.,Chynoweth. P.,Adshead,J., Mason, J. (2011) Law and the Built Environment, 1st Ed, Wiley-Blackwell, Chichester, West Sussex.

 

 

Other Resources

Articles and Case Law

Journals

Additional Information

None