PROJMGNT 7012 - Project Governance and Contracts

North Terrace Campus - Semester 1 - 2019

Description of the common law process, theoretical basis of contracts; Contract formation including the requirements for intention on the part of the contracting parties, agreement, formalities and consideration, contractual capacity, consent and legality. Operation of contracts including rules for interpretation of written documents; Discharge of contracts by performance; express agreement, frustration, election after breach; Remedies for breach of contract; Rules for assessment of the measure of damages; Variation of existing contracts including a discussion of the principles of promissory estoppel; Introduction to the law of torts; Historical development of the law relating to negligence; Extension of the law of negligence into situations involving negligent misstatement; The evolution of the concept of proximity; Standard of care, remoteness of damage and defences to actions for negligence; Actions for negligence based on a duty of care arising out of a contract. The statutory regulation of transactions for the provision of goods and services; Dispute resolution including commercial arbitration, mediation and expert determination; Discussion of how the matters discussed in the course impact on the procurement procedures; Arbitration with the course participants assuming the roles of litigants, counsel, witnesses and the arbitrator; Implications for contract administration. The context of the course is engineering, technology and information technology design and production, operations and processes, which include consulting, production, procurement, maintenance and logistics supply for technology-based operations, including defence, construction, and manufacture, and IT provision for ongoing businesses, assessment of efficiency, risk and quality management, and related aspects.

  • General Course Information
    Course Details
    Course Code PROJMGNT 7012
    Course Project Governance and Contracts
    Coordinating Unit Entrepreneurship, Commercialisation & Innov Centre
    Term Semester 1
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Intensive: 36 to 40 hours
    Available for Study Abroad and Exchange Y
    Course Description Description of the common law process, theoretical basis of contracts; Contract formation including the requirements for intention on the part of the contracting parties, agreement, formalities and consideration, contractual capacity, consent and legality. Operation of contracts including rules for interpretation of written documents; Discharge of contracts by performance; express agreement, frustration, election after breach; Remedies for breach of contract; Rules for assessment of the measure of damages; Variation of existing contracts including a discussion of the principles of promissory estoppel; Introduction to the law of torts; Historical development of the law relating to negligence; Extension of the law of negligence into situations involving negligent misstatement; The evolution of the concept of proximity; Standard of care, remoteness of damage and defences to actions for negligence; Actions for negligence based on a duty of care arising out of a contract. The statutory regulation of transactions for the provision of goods and services; Dispute resolution including commercial arbitration, mediation and expert determination; Discussion of how the matters discussed in the course impact on the procurement procedures; Arbitration with the course participants assuming the roles of litigants, counsel, witnesses and the arbitrator; Implications for contract administration. The context of the course is engineering, technology and information technology design and production, operations and processes, which include consulting, production, procurement, maintenance and logistics supply for technology-based operations, including defence, construction, and manufacture, and IT provision for ongoing businesses, assessment of efficiency, risk and quality management, and related aspects.
    Course Staff

    Course Coordinator: Associate Professor Indra Gunawan

    Program Director Contact Details: Project Management
    Name: Assoc. Prof. Indra Gunawan
    Email: indra.gunawan@adelaide.edu.au

    Teaching Staff:

    Semester 1 & Trimester 2
    Name:
    Dr John Sing
    email:
    john.sing@adelaide.edu.au

    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes

    On successful completion of this course, students will be able to:

    1 Identify and analyse effective project governance & contracting in different organisational contexts
    2 Examine and implement an effective project governance and contract management framework
    3 Apply effective project governance and contracting to a wide range of industries, including Information technology, defence, construction, public sector, social, finance, medical, research and commercialization.
    4 Apply appropriate policies and procedures to strengthen and support the project management governance process
    5 Illustrate continued learning and personal development
    6 Recognise ethical, social and cultural issues and their importance for project managers
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1-6
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    4
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    4
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    6
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    3
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    6
  • Learning Resources
    Required Resources
    A guide to the Project Management Body of Knowledge (PMBOK Guide) – Fifth Edition, Project Management Institute, 2013.
    Recommended Resources
    • Harold R Kerzner, Project Management: A systems approach to planning, scheduling and controlling, Eleventh Edition, Wiley. 2013
    • Supplementary readings list and suggested books

    Library Resources
    The University of Adelaide’s Barr Smith Library provides a range of learning resources including texts, journals, periodicals, magazines, and access to online databases and information services. It also offers a virtual library which is accessible via the University’s website. Access to the Library's electronic resources.

    Other resources: Project Management Institute
    If you are a member of the PMI you will “gain exclusive access to PMI publications and our global standards*, networking options with our chapters and online communities of practice, and leadership and volunteer opportunities. You’ll also receive discounts on certification exams and renewals, as well as our professional development offerings.” Student membership details

    * Log in to access complimentary read-only PDFs of all of PMI's published standards or take advantage of discounts on paperback editions.

    Online Learning
    MyUni is the University of Adelaide's online learning environment. It is used to support traditional face-to-face lectures, tutorials and workshops at the University. MyUni provides access to various features including announcements, course materials, discussion boards and assessments for each online course of study.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    This course is offered in blended learning mode with the face-to-face component offered as intensives.
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    As a guide, a 3 unit course comprises a total of 156 hours work (this includes face-to-face contact, any online components, and self directed study).
    Learning Activities Summary

    This is a draft schedule and session dates are a guide only. The timetable may be changed during the course delivery if necessary.

    Days Content Readings/Activities
    1&2 Course Notes
    Why project governance – what is it and what are the key drivers?
    What are the key project governance principles?
      Terminology, what is ‘project governance’ and why is it important?
      Establishing a framework
    Effective project decision making
    Establishing the ‘prudency’ of the capital spend
      Needs and options analysis: Drivers of business needs and developing viable options
      Strategic intent and risk management and the role of risk management
      Methods of project evaluation concepts - NPV, IRR and assumptions
      Financial analysis: discounting cash flows, selecting the discount rate
      Business case example review and analysis
    Identification & analysis of the ‘hot spots’
    Examination of the main project governance tools
      Policies, procedures, templates
    Establishing the ‘efficiency’ of the capital spend
    Contracting & procurement
      What is a ‘contract’?
      Why ‘contracting and procurement’?
    Summary and key take-aways
    3&4 Course Notes
    Brief recap from intensive 1
    Developing a contracting strategy
    Contracting tactics
    Sourcing & award
    Contract management
    Claims & variations
    Summary and key take-aways
    Specific Course Requirements
    Prior to attending the formal lectures, students are advised to read carefully the lecture notes provided and the corresponding chapters in the textbook.
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary

    An overview of the course assessment appears in the following Table. Details appear in the following section:

    #Assessment TaskTask TypeLengthWeightingLearning Outcomes
    1 Assignment - Class participation Individual N/A 10% All
    2 Written assignment  Individual 3,000 words 30% 1, 2, 3, & 4
    3 Assignment 
      Section 1 Report
    Group 3,000 words 20% 1, 2, 3, & 4
    3 Assignment 
      Section 2 Presentation
    Group 1,000 words 10% 4, 5 & 6
    4 Final written assignment  Individual 4,000 words 30% 3, 4, 5, & 6
    Total 100%
    Assessment Related Requirements
    Students should attend all classes in order to pass the course. There is considerable experiential learning in workshops during the intensive classes that build your knowledge and thus enable you to be successful in this course.  

    Course results are subject to moderation by the ECIC Board of Examiners

    Appropriate use of the Internet in assignments
    Avoiding Plagiarism is not just referencing sources used within an assignment. It is taking the source information and critically evaluating it against other sources, your own views and original research on the matter, and how that fits the hypothesis of your assignment topic. It is Plagiarism when there is little or no original content in the assignment, regardless of citing sources. For more information, read the extensive resources on Avoiding Plagiarism at the University’s Writing Centre.

    The University’s Writing Centre provide excellent guides to assist in appropriate referencing and avoiding plagiarism

    Due to an increasing number of students infringing the University’s Academic Honesty Policy, Turnitin is used to check assignments.

    Turnitin Quick Start Guides

    Assessment Detail
    Assessment 1: Intensive sessions - classroom discussion & participation
    Weighting: 10%
    Task: You are expected to attend and participate in the discussions during the intensive sessions. Your lecturer will provide you with opportunities to participate and contribute to the learnings during each of the intensive sessions.

    Scope: Discussion topics will be taken primarily from the assigned readings and course material. You are encouraged to actively participate during the classroom sessions and to contribute positively to the learning environment.

    Length and Presentation: You will be graded on your attendance and quality of your participation in class and subsequent discussions to the key topic areas being covered. It is expected that students will practice their PM skills by being punctual to the sessions as well as substantially participate in all assigned discussions (e.g. a short response like - yes, I agree with you - will not really add value). Discussions and sharing of learnings from your own PM experiences/context and actions in applying the techniques will enhance the classroom discussion and learning.

    Assessment 2: Individual Assignment
    Weighting: 30%
    Task: Organisation’s undertaking projects, often require the development of a sound ‘business case’ in order to assist with informed project decision making. Under their project governance framework the finalised business case should then be reviewed by the Project Steering Committee before a determination is made as to whether or not to proceed and subsequently invest in the project. To assist both the business preparers and business case reviewers, you have been asked to develop a ‘business case’ template that can then be used by the organization. In preparing the ‘business case’ template, give consideration as to the key components that you believe are important to be included (and why you believe them to be important). Your ‘business case’ template should also be reflective of the key elements covered (and discussed) during the course and be designed to assist preparers and reviewers to have greater confidence in the investment decision making process.

    Scope: Understanding and application of the early decision stage gates
    Length and Presentation: 3000 words

    Assessment 3, Section 1: Establishing a Project Governance framework report (Group Assignment)
    Weighting: 20%
    Task: Form a group of 4 people.
    Your group has been approached by a large capital-intensive organization that currently undertakes a large number of construction type projects but does not have in place an effective project governance framework. The Board of Directors has requested that the Chief Executive Officer is put in place a project governance regime. The Chief Executive Officer has therefore contracted your group to undertake the necessary research and prepare a report for the Senior Management and the Board of directors to consider. The report should provide the necessary information to assist the organization in establishing an effective project governance framework for the very first time. It therefore needs to provide advice as to the proposed project governance structure (why) and roles and responsibilities (who). This would include the project lifecycle (stage gates), as well as the ‘terms of reference’ for the Project Steering committee and other necessary policies and procedures required as to how the PSC is to operate. .

    Length and Presentation: For the report (PDF) of at least 3,000 words.

    Tips for completing the report include:
    Write the report in a clear, professional and concise format
    Assume your report is for the senior management team and board of directors
    Use the correct language
    It is recommended that you incorporate some of the elements used in the lectures and classroom discussions.

    Assessment 3, Section 2: Classroom presentation of your Project Governance framework
    Weighting: 10%
    Task: Based on your group’s project governance framework report from section 1 above, your group will also be required to develop and make a formal presentation of your report (during the 2nd intensive classroom sessions). Prepare you presentation on the assumption that you are presenting your key findings and recommendations to the Board of Directors and Senior Management team.

    Length and Presentation: Each group will be given time in class in which to prepare for a 20 minute presentation (15 minutes to present and 5 minutes for any questions and/or further discussion).

    A hard copy of your presentation materials should be provided to the facilitator/lecturer prior to the presentation commencing (e.g. copy of the ppt slides). You may also embed any media you wish if it helps to communicate your presentation.

    Tips for your group’s project governance presentation include:
    - Make sure you present it as a group
    - Assume that you are presenting to the senior management team and board of directors (your fellow classmates) whom are wanting to know about why you are recommending such a project governance framework and how you believe it will be successfully implemented. They will want to know about your suggested project governance approach, the stage-gates, decision making groups (i.e steering committees) and other useful project governance tools that you may be recommending.
    - Assume your facilitator is chairing the meeting.

    Assessment 4: Individual Assignment
    Weighting: 30%
    Task: Answer a set of questions based on the project governance and contracts case study (to be provided in the class during the final intensive). The objective of the case study questions is for you to consider the contracting and procurement material supplied and attempt to apply it to a real project governance case.

    Scope: Understanding and application of effective Contracting and procurement
    Length and Presentation: 4000 words
    Submission
    All text based assignments must be submitted via MyUni.
    Please refer to step by step instructions: MyUni Learning Centre

    There are a few points to note about the submission of assignments:
    • Assignment Submission:  Assignments should not be emailed to the instructor; they must be lodged via the MyUni Course site (unless specified to do both). Note that assignments may be processed via TURNITIN, which is an online plagiarism prevention tool.
    • Cover Sheet:  Please include in the assignment a completed University of Adelaide Assessment Cover Sheet providing details of yourself and your team members (if applicable), your assignment, the course, date submitted, etc. as well as the declaration signed by you that this is your (your team’s) work.  Note that the declaration on any electronically submitted assignment will be deemed to have the same authority as a signed declaration.
    • Backup Copy of Assignments:  You are advised to keep a copy of your assignments in case the submitted copy goes missing.  Please ensure that all assignment pages are numbered. If your assignment contains confidential information, you should discuss any concerns with the Course Lecturer prior to submission.
    • Extensions of Time:  An application for Assessment Extension should be made well before the due date of the assignment to the Course Lecturer.  Normally, extensions will only be granted for a maximum of two weeks from the original assignment submission date.  Extensions will only be granted in cases of genuine medical, compassionate or extenuating circumstances.
    • Failure to submit: Failure to submit an assignment on time or by the agreed extension deadline may result in penalties and may incur a fail grade.  Note that a late penalty of 5% of the total available marks for that assessment item will be incurred each day an assignment is handed in late (Unless otherwise stated in 'Assessment Related Requirements' or 'Assessment Detail' above). Assignments handed in after 14 days from the due submission date will fail even if a 100% mark is granted for the work.

    Resubmission & Remarking

    Resubmission of an assignment for remarking after reworking it to obtain a better mark will not normally be accepted.  Approval for resubmission will only be granted on medical or compassionate grounds.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Final results for this course will be made available through Access Adelaide.

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    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

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