CONMGNT 2000 - Construction Law and Contracts

North Terrace Campus - Semester 1 - 2024

The two areas of this course, whilst generally thought of in different terms, are inextricably joined and key to the success of a construction project. They are also critical areas to be understood and relied upon when conflicts arise in projects. Contract administration is a role generally undertaken by a Quantity Surveyor and is a critical part of any project that requires an understanding of the project in terms of the construction components, cashflow, progress claims, variations, bonds, insurances and contractual claims including the relevant clauses in the forms of contracts. The contract administrator plays an essential role in carrying out critical responsibilities and contributes to the success of a project. Quantity Surveyors therefore have legal liabilities in the course of providing their professional service and some jurisdictions require Quantity Surveyors to be registered. The course briefly investigates the Australian legal system along with building related law and the avenues available for conflict and dispute resolution generally referred to in standard building contracts. The various regulations applicable to building requirements are also reviewed and how they apply not just to builders but also the construction professionals involved. Building contracts are a key part of any construction project. Various forms of contract, their application and effect on projects are discussed together with how unfair contract clauses or contracts are assessed by the courts. The structure and the role of the Australian Institute of Quantity Surveyors (AIQS), as the internationally recognised peak professional standards body for Quantity Surveyors in Australia, is reviewed including its structure, by-laws, and code of conduct assessed, with regards to how they are applied to Quantity Surveyors within their role in the project and project team.

  • General Course Information
    Course Details
    Course Code CONMGNT 2000
    Course Construction Law and Contracts
    Coordinating Unit Construction Management
    Term Semester 1
    Level Undergraduate
    Location/s North Terrace Campus
    Units 3
    Contact Up to 3 hours per week
    Available for Study Abroad and Exchange Y
    Course Description The two areas of this course, whilst generally thought of in different terms, are inextricably joined and key to the success of a construction project. They are also critical areas to be understood and relied upon when conflicts arise in projects. Contract administration is a role generally undertaken by a Quantity Surveyor and is a critical part of any project that requires an understanding of the project in terms of the construction components, cashflow, progress claims, variations, bonds, insurances and contractual claims including the relevant clauses in the forms of contracts. The contract administrator plays an essential role in carrying out critical responsibilities and contributes to the success of a project. Quantity Surveyors therefore have legal liabilities in the course of providing their professional service and some jurisdictions require Quantity Surveyors to be registered.
    The course briefly investigates the Australian legal system along with building related law and the avenues available for conflict and dispute resolution generally referred to in standard building contracts. The various regulations applicable to building requirements are also reviewed and how they apply not just to builders but also the construction professionals involved. Building contracts are a key part of any construction project. Various forms of contract, their application and effect on projects are discussed together with how unfair contract clauses or contracts are assessed by the courts.
    The structure and the role of the Australian Institute of Quantity Surveyors (AIQS), as the internationally recognised peak professional standards body for Quantity Surveyors in Australia, is reviewed including its structure, by-laws, and code of conduct assessed, with regards to how they are applied to Quantity Surveyors within their role in the project and project team.
    Course Staff

    Course Coordinator: Navodana Rodrigo

    Course Timetable

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

  • Learning Outcomes
    Course Learning Outcomes
    1. Understand the legal system as it applies to construction projects
    2. Review the various regulations, codes and standards applicable to construction
    3. Examine the various forms of building contracts to different project types
    4. Identify how the role of contract administration is critical to project success
    5. Understand the procedures related to progress claims and contractual claims
    6. Comprehend the structure of the Australian Institute of Quantity Surveyors and its role as a membership organisation for Quantity Surveyors
    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)

    Attribute 1: Deep discipline knowledge and intellectual breadth

    Graduates have comprehensive knowledge and understanding of their subject area, the ability to engage with different traditions of thought, and the ability to apply their knowledge in practice including in multi-disciplinary or multi-professional contexts.

    1,2,3,4,5,6

    Attribute 2: Creative and critical thinking, and problem solving

    Graduates are effective problems-solvers, able to apply critical, creative and evidence-based thinking to conceive innovative responses to future challenges.

    1,3,4,5,6

    Attribute 3: Teamwork and communication skills

    Graduates convey ideas and information effectively to a range of audiences for a variety of purposes and contribute in a positive and collaborative manner to achieving common goals.

    1,3,4

    Attribute 4: Professionalism and leadership readiness

    Graduates engage in professional behaviour and have the potential to be entrepreneurial and take leadership roles in their chosen occupations or careers and communities.

    2,4,6

    Attribute 5: Intercultural and ethical competency

    Graduates are responsible and effective global citizens whose personal values and practices are consistent with their roles as responsible members of society.

    2,3,5,6

    Attribute 7: Digital capabilities

    Graduates are well prepared for living, learning and working in a digital society.

    2,4,5

    Attribute 8: Self-awareness and emotional intelligence

    Graduates are self-aware and reflective; they are flexible and resilient and have the capacity to accept and give constructive feedback; they act with integrity and take responsibility for their actions.

    2,3,4,5,6
  • Learning Resources
    Required Resources
    Course Materials
    All required course materials are provided in MyUni. Learning activities will be carried out face-to-face or online and all details are available in MyUni.
    Recommended Resources
    All recommended resources have been provided in MyUni. Please refer to the content provided in modules and other tabs of MyUni.
    Online Learning
    MyUni
    All course materials including lecture notes, tutorials, assessments, and all other resources will be provided in MyUni.

    Announcements
    All critical announcements will be communicated to students through Announcements in MyUni. Students are expected to check ‘Announcements’ tab regularly.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    This course is designed with lectures and tutorials delivered face-to-face along with quizzes and assessments spread throughout the semester. Many of the activities are designed to improve students’ problem-solving skills and achieve the Course Learning Outcomes.

    All details related to learning activities, assessments, and key deliverables have been provided in MyUni.
    Workload

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

    The University expects full-time students (i.e. those taking 12 units per semester) to devote at least 48 hours per week to their studies. Accordingly, students undertaking this 3 unit course are expected to devote 12 hours per week to contact activities and self-guided studies.

    Based on this framework here are some figures that might assist workload management:

    For a 3 unit course:
    Total workload hours: 12 Hrs per week x 13 weeks = 156 Hrs
    Total contact hours: 3 Hrs per week x 12 weeks = 36 Hrs
    Total self-guided study: 156 Hrs – 36 Hrs = 120 Hrs

    These 120 hours should be used towards preparation of weekly tasks and for completion of the various assignments associated with the course, including development of various skills required to complete the same. Please organise your time wisely.

    This is a 3 unit course. Recommended study commitments are meant to be hours of full time study, not just sitting thinking about the subject! The communication skills developed by regularly and actively participating in discussions are considered to be most important by the School and are highly regarded by employers and professional bodies.
    Learning Activities Summary
    The course will be focused on providing knowledge related to understanding construction law, contracts and the role of a contract administrator. This course will assist the students in achieving the Course Learning Outcomes through lectures, discussion-based tutorial activities, and assessments. Further details of the learning activities carried out in this course have been provided in MyUni
    Specific Course Requirements
    Students are expected to attend the weekly lecture prior to attending the weekly tutorial session as the knowledge delivered through the lecture would assist in completing the activities done during tutorial sessions.
  • 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
    Assessments are divided into following types:
    1. Quizzes
    2. Reports
    categorised under construction law and contract administration separately.

    A more detailed breakdown of the assessments have been provided below in 'Assessment Detail'.
    Assessment Related Requirements
    To pass this course, you need to achieve a mark of at least 50% for the overall course.
    Assessment Detail
        Assessment         Type         Weight         Individual/ Group         Due Date    
    Assessment 1 Quiz 15% Individual Week 4
    Assessment 2 Report 35% Individual Week 7
    Assessment 3 Quiz 15% Individual Week 10
    Assessment 4 Report 35% Individual Week 13
    Submission
    Submission format
    All submissions for this course will be electronically through MyUni.

    All submissions must include Student Name and Student ID Number. Submissions without Student Name or ID Number will not be considered for marking, and will receive zero marks in accordance with the guidelines.

    In addition, all assessments need to have an Assessment Cover Sheet which must be signed and dated by the student before submission. Please attach the cover sheet in front of the document.

    Students must not submit work for an assessment that has previously been submitted for this course or any other course without prior approval from the Course Coordinator.

    Deadlines
    It is essential to meet the deadlines of this course. The deadlines for all assessments have been provided in MyUni. A penalty of 10% per calendar day up to 10 days will be applied to any late submissions. The quizzes will be available for the time period mentioned in MyUni.

    Students eligible for special consideration are requested to advise the course coordinator as early as possible where alternate arrangements will be required.

    Extension requests
    If you need to request an extension for any of the assessments, you will need to provide justification based on grounds of either medical, compassionate or extenuating circumstances and you need to provide documentary evidence (e.g. form signed by Medical Practitioner - the type of evidence required is indicated on the form) to support your case in line with the Modified Arrangement for Coursework Assessment (MACA) Policy.

    The completed ’Application for Assessment Extension’ Webform, should be submitted electronically before the assessment deadline. Subsequently, the Course Cordinator will review the details and inform the outcome to the student.

    Academic Integrity Policy
    The Academic Integrity Policy applies to all students, and students are advised to be familiar with the policy. Software (e.g. TurnItIn) may be used to verify the originality of submissions.
    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.

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    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.

  • Student Support
  • Policies & Guidelines
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.