WATR09002 2018 Contracts and Procurement

General Details

Full Title
Contracts and Procurement
Transcript Title
Contracts and Procurement
Code
WATR09002
Attendance
N/A %
Subject Area
WATR - Water Studies
Department
CENG - Civil Eng. and Construction
Level
09 - NFQ Level 9
Credit
05 - 05 Credits
Duration
Semester
Fee
Start Term
2018 - Full Academic Year 2018-19
End Term
9999 - The End of Time
Author(s)
Mel Casserly, Noel Connaughton
Programme Membership
SG_SWATE_M09 201800 Master of Science in Water Services Management SG_SWATE_O09 201800 Postgraduate Diploma in Science in Water Services Management
Description

The module considers both the nature and importance of contracts and procurement in the delivery of successful projects management. The module will provide learners with the necessary legal knowledge to understand and identify the complexities of law surrounding construction contracts in doing so learners will be able to recognise and confront the kinds of problem that can get in the way of successful construction project The legal meaning and implication of key terms in construction contracts will be explored and their resulting impact on the project administration will be examined.  The principal legal differences between standard forms of contract, both national and international, will be identified and evaluated. The nature and type of construction claims will be considered as well as the various dispute resolution mechanisms currently employed within the construction industry. Students will understand how to plan procurements, conduct a tendering process, negotiate and administer the resulting contract.

 

Learning Outcomes

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

1.

Appraise the various types and standard forms of construction contracts in common use in the construction industry demonstrating a critical awareness of the main contractual framework established by the main standard form of construction contract and the significance of specific contractual terms within a construction contract

2.

Critically assess the role, obligations and responsibilities of the employer, contractor and subcontractor under construction contracts. Interpret and appraise the validity of various contractual claims and methods of dispute resolution

3.

Assess and analyse legal concepts/facts and formulate reasoned legal opinion/advice.

4.

Evaluate the standard methods of procurement and demonstate the ability to give reasoned advice on the appropriateness of various procurement routes by considering the various forms of contract in particular the exposure, transfer and mitigation of risk.

5.

Demonstrate knowledge and applied understanding of procurement law. Critically analyse the key legal concepts that tmay arise from a particular procurement option.

Teaching and Learning Strategies

The module will be delivered with online lectures with a strong linkage to case law to provide practical example to explain the theories. This module can be taught using a combination on‑line lectures and online tutorials. A range of Computer‑Aided Learning (CAL) packages are also used to support this module (e.g. Moodle, Adobe Connect, Panopto,) Students are provided with electronic materials for self‑assessment and preparation for assessments/assignments. Self‑directed, student‑centred, independent learning is a core aspect through completion of module coursework

Module Assessment Strategies

Continuous Assessment will conribute 40% of the overall mark.

Students will be given a mixture of essays, assignments and quizzes that will relate to learning outcomes 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

Students will be required to repeat and resubmit any failed coursework

Students will be required to repeat and resit failed written examinations

Indicative Syllabus

Construction Contract Law
Introduction to Construction Contract Law

Time - Variations / Extensions of Time / Liquidated Damages

Onerous Clauses

Collateral Warranties

Letters of Intent

Bonds and Insurances

Contractual obligations of Employer / Contractor / Subcontractor

Standard Forms of Contract

Ireland - Public Works, RIAI, ETC, IW Contract

International - NEC3/4, FIDIC, JCT

Contractual Claims

Nature of Claims / Conditions Precedent

Types of Claim - Delay / Disruption/ Acceleration/ Loss and Expense/ Prolongation / Global, etc

Causation and Records

Disputes and their resolution

Evidence

Litigation

Adjudication

Concilliation

Arbitration

Advocacy

Procurement

Procurement Strategies & Systems

Contractual Risk Allocation & Incentives

Public Procurement Law - Domestic and EU

E‑procurement

Prequalification Systems & Tendering Processes & Remedies Directive

 

 

 

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 MCQ Continuous Assessment Multiple Choice 10 % OnGoing 1,2,3,4,5
2 Topical Essay Continuous Assessment Essay 15 % Week 4 1,2,3,4,5
3 Case Law or Claim Problem Continuous Assessment Assignment 15 % Week 8 1,2,3,4,5

End of Semester / Year Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 Wriiten Exam Final Exam Closed Book Exam 60 % End of Semester 1,2,3,4,5
             
             

Full Time Mode Workload


Type Location Description Hours Frequency Avg Workload
Lecture Tiered Classroom Lecture 2 Weekly 2.00
Independent Learning Not Specified Self Directed Learning 5 Weekly 5.00
Total Full Time Average Weekly Learner Contact Time 2.00 Hours

Part Time Mode Workload


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

Online Learning Mode Workload


Type Location Description Hours Frequency Avg Workload
Lecture Not Specified On-Line Lecture 1 Weekly 1.00
Tutorial Not Specified Self Directed Learning 1 Weekly 1.00
Independent Learning Not Specified Independent Learning 5 Weekly 5.00
Workshop Not Specified Workshop 2 Twice Per Semester 0.27
Total Online Learning Average Weekly Learner Contact Time 2.27 Hours

Module Resources

Journal Resources

Not relevant

URL Resources

Westlaw Legal Database - www.westlaw.ie

Society Of Construction Law - www.scl.org.uk

British and Irish Legal Information Institute  - www.bailii.org

Other Resources

None

Additional Information

None