Full Title Construction Contract Law

Short Title Construction Contract Law

Code LAW09009
Level 09
Credit 05

Author McGinty, Gary
Department Civil Eng. and Construction

Subject Area Law
Attendence N/A%
Fee

Description
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 constuction contract/project management . The legal meaning and implication of key terms in construction contracts and their impact on the administation will be examined in detail. The prinicipal 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 curently employed within the construction ndustry


Indicative Syllabus
Construction Contract Law
Introduction to Construction Contract Law / The Industry

Time - Variations / Extensions of Time / Liquidated Damages

Quality - Collateral Warranties

Letters of Intent

Bonds and Insurances

Contractual obligations of Employer / Contractor / Subcontractor

Standard Forms of Contract

Ireland - Public Works, RIAI, ETC


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 and Expert Witness

Litigation

Adjudication

Concilliation

Arbitration

Advocacy






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 in 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.

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

  4. Demonstrate knowledge and understanding of the legal and statutory requirements for the resolution of construction contractual disputes including conflict management and dispute resolution procedures within the construction process including the requirements and function of the expert witness within the construction industry and in particular their role and the importance of evidence.

  5. Critically analyse and appraise the key legal concepts underpinning standard construction terms and provisions which are encountered in the administration of construction contracts.

  6. Critically assess and appraise the validity of various contractual claims


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

Assessment Facilitites
All material will be available through Moodle. Additional material comprising of Articles and Case Law will be provided.

IT Sligo Library - Westlaw and Ebrary

Module Dependencies
Pre Requisite Modules
None
Co Requisite Modules
None
Incompatible Modules
None

Coursework Assessment Breakdown %
Course Work / Continuous Assessment 40 %
End of Semester / Year Formal Examination 60 %

Coursework Assessment Breakdown

Description Outcome Assessed % of Total Assessment Week
MCQ 2,4,5,6 10 OnGoing
Topical Essay 1,2,3,4,5,6 15 Week 4
Case Law/Claim Problem 1,2,3,5,6 15 Week 8


End Exam Assessment Breakdown

Description Outcome Assessed % of Total Assessment Week
Wriiten Exam 1,2,3,4,5,6 60 End of Semester


Distance Learning Mode Workload

Type Location Description Hours Frequency Avg Weekly Workload

Total Average Weekly Learner Workload 0.00 Hours

Part Time Mode Workload

Type Location Description Hours Frequency Avg Weekly 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 Average Weekly Learner Workload 2.00 Hours

Full Time Mode Workload

Type Location Description Hours Frequency Avg Weekly Workload
Lecture Tiered Classroom Lecture 2 Weekly 2.00
Independent Learning Not Specified Self Directed Learning 5 Weekly 5.00

Total Average Weekly Learner Workload 2.00 Hours

Online Learning Mode Workload

Type Location Description Hours Frequency Avg Weekly 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 7 Weekly 7.00

Total Average Weekly Learner Workload 2.00 Hours

Resources
Book Resources

1. Furmston, M. (2012) Building Contract Casebook, 5th Edition. Oxford, Blackwell.

2. Gaitskell, R. (201) Construction Contracts Law and Management. 2th ed. London, ICE Publishing

3. Adriaanse, J. (2016) Construction Contract Law. 4th Edition, Basingstoke, Palgrave MacMillan.

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

5. Uff, J. (2017) Construction Law. 12 th ed. London, Sweet and Maxwell.

6. Hewitt, A (2016) Construction Claims and Responses, 2nd Edition, LOndon, Wiley Blackwell

7. Klee, L, (2015) International Construction Contract Law, London, Wiley Blackwell


Other Resources
None
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
Additional Info