Building and Construction Law PG (11456.1)
|Available teaching periods||Delivery mode||Location|
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|0.125||3||Faculty Of Business, Government & Law|
|Discipline||Study level||HECS Bands|
|Canberra Law School||Post Graduate Level|| Band 4 2021 (Commenced After 1 Jan 2021)
Band 4 2021 (Commenced After 1 Jan Social Work_Exclude 0905)
Band 5 2021 (Commenced Before 1 Jan 2021)
- the dynamics of the building and construction industries and the law
- the structure of legal regulation of the building industry
- the players in a building project and their legal status
- the building contract
- securities over the site, the contract and assignment
- payment claims
- building disputes
- the building site as a workplace
- completion of the building contract.
This unit may be co-taught with an undergraduate version of the unit.
Learning outcomesAfter successful completion of this unit, students will be able to:
1. Identify and describe the nature and sources of the law generally, and specifically the law relating to building and construction, as well as its administration;
2. Identify and describe the frameworks within which building law operates at the local, state, national and international levels;
3. Identify and analyse industry contracts and their functions; and
4. Explain and appraise the operation of building law and the legal rights and obligations of the players in the building and construction industries.
Graduate attributes1. UC graduates are professional - display initiative and drive, and use their organisation skills to plan and manage their workload
1. UC graduates are professional - employ up-to-date and relevant knowledge and skills
1. UC graduates are professional - take pride in their professional and personal integrity
1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
2. UC graduates are global citizens - adopt an informed and balanced approach across professional and international boundaries
2. UC graduates are global citizens - behave ethically and sustainably in their professional and personal lives
2. UC graduates are global citizens - make creative use of technology in their learning and professional lives
2. UC graduates are global citizens - think globally about issues in their profession
2. UC graduates are global citizens - understand issues in their profession from the perspective of other cultures
3. UC graduates are lifelong learners - adapt to complexity, ambiguity and change by being flexible and keen to engage with new ideas
3. UC graduates are lifelong learners - reflect on their own practice, updating and adapting their knowledge and skills for continual professional and academic development
This Unit facilitates and nurtures student acquisition of all of the Graduate Attributes, although not all of them will be subject to examination in the assessment tasks of the Unit.
Prerequisites6225 Business Law G OR
11434 Contract Law G
Equivalent unitsBuilding and Construction Law G
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Prescribed text (it is strongly recommended that you acquire your own copy):
- Jeremy Coggins, Phil Evans and Tom Davie, Understanding Construction Law (Lexis Nexis Butterworths, 2nd ed, 2020) [‘CE&D']
Recommended Texts (you are not expected to acquire any of these, however you might find their approach suits your reading style more and there will be multiple copies on short loan in the library – some are more in-depth and others are more introductory than the prescribed text):
- Ian Bailey, Construction Law in Australia (Thomson Reuters, 4th ed, 2018)
- Damien Cremean, Michael Whitten and Michael Sharkey, Brooking on Building Contracts (Lexis Nexis Butterworths, 6th ed, 2019)
- Phillip Davenport and Helen Durham, Construction Claims (Federation Press, 3rd, ed 2013)
- Paula Gerber and Brennan J Ong, Best Practice in Construction Disputes (Lexis Nexis Butterworths, 2013)
- Marcus Jacobs, Security of Payment in the Australian Building and Construction Industry (Thomson Reuters, 6th ed, 2016)
Submission of assessment items
Extensions & Late submissions
To obtain a pass in Building and Construction Law G students must complete all of the assessment items, pass the end of semester examination and achieve a total mark of at least 50%.
Special assessment requirements
General University policy on special assessment requirements applies.
Special assessment, such as extensions and special conditions, should be applied for in writing or email prior to the due date, supported by a justification and evidence.
You are advised to consult the Inclusion and Engagement team if you have an ongoing issue which may affect your studies, particularly if your claim is based on illness, personal hardship or disability: Inclusion and Engagement
The University of Canberra policy on supplementary assessment applies: Assessment Procedures Policy. To be eligible for supplementary assessment, a student must: be enrolled in their final semester of study; have failed a single unit, with a final mark between 45-49% in the unit; and have passed all other units undertaken in that semester. The failed unit must be the final unit required to complete the academic requirements of their course.
Students have a responsibility to uphold University standards on ethical scholarship. Good scholarship involves building on the work of others and use of others' work must be acknowledged with proper attribution made. Cheating, plagiarism, and falsification of data are dishonest practices that contravene academic values. Refer to the University's Student Charter for more information.
To enhance understanding of academic integrity, all students are expected to complete the Academic Integrity Module (AIM) at least once during their course of study. You can access this module within UCLearn (Canvas) through the 'Academic Integrity and Avoiding Plagiarism' link in the Study Help site.
Use of Text-Matching Software
The University of Canberra uses text-matching software to help students and staff reduce plagiarism and improve understanding of academic integrity. The software matches submitted text in student assignments against material from various sources: the internet, published books and journals, and previously submitted student texts.
The expectations in this unit are scaled to the expectations of a graduate about to enter legal or building and construction practice – the required learning outcomes of the unit should be understood in this light.
Students are expected to prepare for the lectures and tutorials and participate actively in the tutorials. It will be expected that the prescribed reading for a topic has been completed in advance of the tutorial. This is required in order for you to achieve the best possible learning, or at minimum, the standard required to succeed in this Unit. This Unit includes an Assignment requiring an in-tutorial presentation and participation, and attendance at tutorials is highly encouraged.
Required IT skills
The Unit Canvas site is a very significant medium of communication for the Unit and all written assessments must be submitted in electronic form. Students require basic computer, internet and word processing skills.
If you feel that you lack these, or any other academic study skills, you should consult the Learning & Academic Success Network.
Your participation can be greatly assisted by –
- purchasing the prescribed text, instead of using a copy on three hour reserve in the library, and
- having access to computing facilities and the internet at home, instead of using only university computer labs.
Work placement, internships or practicums
This is not a WIL unit, however experience gained through working or volunteering at an organisation with connections to the building and construction industry, legal practice in the area or a relevant dispute resolution role will be extremely useful.