QUSU08016 2019 Construction Law Liabilities and Obligations

General Details

Full Title
Construction Law Liabilities and Obligations
Transcript Title
Construction Law Liabilities a
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
2019 - Full Academic Year 2019-20
End Term
9999 - The End of Time
Author(s)
Gary McGinty
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 subject introduces the learner to the various areas of law which impact on the management and successful delivery of construction projects both here in Ireland and in other jurisdictions. 

Learning Outcomes

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

1.

Demonstrate understanding of the legal systems of Ireland and of other jurisdictions and the sources of law relevant to the construction industry.

2.

Demonstrate an in-depth understanding of the key concepts and features of construction contract law.

3.

Demonstrate an applied knowledge and understanding of salient areas of law applicable to the management and operation of a construction project in particular tortious liability, occupiers liability, vicarious liability, product liability, employment law and health and safety law.

4.

Critically assess the role, obligations and responsibilities of the project manager  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.

Teaching and Learning Strategies

This module will be delivered using blended learning techniques.

 This will include lecture/online lectures (via adobe connect or similar)  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.

Module Assessment Strategies

Module will be assessed using a combination of end of semester final exam (70%), continuous assessment and course work (30%).

Repeat Assessments

Repeat Continuous Assessment and/or Final Exam.

Indicative Syllabus

1.      Law, Morality and Ethics

2.      Sources and administration of construction law

4.      The Law of Contract and Construction Contracts – Formation, Termination, Discharge, Variations, Collateral Warranties, Time , Delay, Disruption, Quality etc

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

7.      General Liabilities – Occupiers, Employers and Builders

8.      General Commercial Law - Supply of goods and services

9.      Liability of Project Manager

10.    Construction Insurance

11.    Construction Employment Law

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/Case Problems, Continuous Assessment Assignment 20 % Week 6 1,2,3,4,5
2 QUIZ Continuous Assessment Multiple Choice 10 % OnGoing 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 Online Lecture 1 Weekly 1.00
Tutorial Distance Learning Suite Tutorial 1 Weekly 1.00
Independent Learning Not Specified Self Directed Learning 5 Weekly 5.00
Total Part Time Average Weekly Learner Contact Time 2.00 Hours

Online Learning Mode Workload


Type Location Description Hours Frequency Avg Workload
Lecture Distance Learning Suite Online Lecture 1 Weekly 1.00
Tutorial Not Specified Tutorial 1 Weekly 1.00
Independent Learning Not Specified Self Directed Learning 5 Weekly 5.00
Total Online Learning Average Weekly Learner Contact Time 2.00 Hours

Required & Recommended Book List

Required Reading
2010-12-08 Law & the Built Environment John Wiley & Sons
ISBN 9781405197601 ISBN-13 1405197609

Law and the Built Environment is a core textbook for all students undertaking compulsory law modules on construction, real estate and property management programmes. This single text provides an accessible introduction to the many areas of law studied by aspiring built environment professionals. Written by a team of lecturers with many years teaching experience in these areas, key principles of English law are placed in their relevant professional context and clearly explained in exactly the right level of detail for success in the modules studied. The book also focuses in greater depth on some specialist areas of built environment professional practice, including construction contracts, health and safety, rent review, dilapidations, and lease renewals. It provides an essential resource for students studying for qualifications leading to professional membership of the Royal Institution of Chartered Surveyors (RICS) or the Chartered Institute of Building (CIOB). It caters primarily for students studying these subjects at bachelors degree level, but will also be suitable for students on programmes at HNC and HND levels, as well as those undertaking professional examinations. It will also provide introductory reading for students undertaking masters level programmes, and particularly for the increasing numbers of graduates from other disciplines who are now studying on RICS-accredited masters degree conversion programmes.

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
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

Recommended Reading
2012-03-16 Health, Safety and Welfare Law in Ireland Gill & MacMillan
ISBN 0717152634 ISBN-13 9780717152636

Introduction to health, safety and welfare law in Ireland. Including guidelines on all recent legislation and safety documents.

Recommended Reading
2011 Principles of Irish Law Gill & MacMillan
ISBN 0717149897 ISBN-13 9780717149896

A new edition of this well-established and popular introductory text, reflecting all relevant constitutional changes, new statutory provisions and the latest judicial pronouncements. Tribunals of Inquiry (Evidence) Acts 1921-2004 NEW TO THIS EDITION: Changes effected by the Lisbon Treaty (2009) The Land and Conveyancing Law Reform Act 2009 and the Registration of Deeds and Title Act 2006 Changes to tort law arising from the Defamation Act 2009 Impact of the Consumer Protection Act 2007 Explains new additions to the law by the enactment of the Passports Act 2008, the Adoption Act 2010 and the Civil Partnership and Certain Rights and Obligations of Cohabitation Act 2010 (if in operation by 31 December 2010) Consequential changes brought about as a result of the following statutes: Civil Law (Miscellaneous Provisions) Act 2008 Commissions of Investigation Act 2004 Copyright and Related Rights (Amendment) Act 2007 Criminal Justice (Human Trafficking) Act 2008 Electoral (Amendment) Act 2009 Personal Injuries Assessment Board (Amendment) Act 200 Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 Planning and Development Act 2009 Tribunals of Inquiry (Evidence) Acts 1921-2004 Water Services Act 2007. The latest Supreme Court and High Court cases and decisions are employed in this edition. SUITABLE FOR: Students of law and law enforcement, business, accounting, banking, marketing, management and administration, as well as students of auctioneering and the social and caring services. Changes effected by the Lisbon Treaty (2009)

Recommended 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]

Module Resources

Non ISBN Literary Resources

See Booklist

 

 

Journal Resources

Construction Engineering and Energy Law Journal of Ireland

Building & Construction Law Journal

Construction Law Journal: (incorporating Technology and Construction Law Reports)

URL Resources

Society of Construction Law

Westlaw Legal Datatbase

www.bailli.org

www.courts.ie

www.hsa.ie

Other Resources

Articles and Case Law

Journals

Additional Information

None