Content


Module 1: International Standard Forms - Overview and Comparison

This module aims to familiarise students with the different national and international construction contracts and highlight the key differences and similarities in the main contract issues. The different forms of standard construction contracts include FIDIC, NEC 3, ENAA (Japan), JCT (UK), VOB (Germany), ÖRNOM B2110 (Austria), AFNOR (France), SIA (Singapore) and SIA (Switzerland).


Module 2: Introduction to Construction and Engineering Terminology

This module is aimed at improving students' understanding of the technical and commercial terms used in the construction industry. Students will learn standard terminology used in construction and engineering and which will be referred to throughout this programm. 

  • General Terminology
  • Site Works
  • Builders, Plants and Equipment
  • Rock Moving Methods
  • Stabilisation of Soils
  • Trenches and Pipes
  • Concrete and Bituminous Paving, Pavement Rehabilitation
  • Augured Casing
  • Dewatering, Cut-Off Walls and Coffer Dams
  • Sub-Structures
  • Commercial Terms

Module 3: Legal Systems and Contract Law

This module is designed as an introduction to different legal systems (common law, civil law, Nordic law and religious law) and will give students a broad understanding of the characteristics and functions of the various legal systems. Students will gain knowledge of the sources of the laws in these legal systems, the system of courts and the judiciary. The module also aims to provide students with an understanding of contracts law in common law jurisdictions with some comparisons to civil law; this includes how a contractual relationship is created and the obligation and rights of participants flowing from contract. 

  • Common Law
  • Equity
  • Acts of Parliament
  • Judicial Decisions
  • Interaction of Statute and Common Law
  • Civil and Common Law compared
  • Trails and Rules of Procedure
  • Trends of Convergence between Civil Law and Common Law Systems
  • Nordi / Scandinavian Legal System
  • Islamic / Shari'ah Legal System
  • Contracts under the Common Law
  • The Contents of a Contract
  • Vitiating Factors und Contract Law
  • Civil Law
  • Introduction to the Civil Law Legal System
  • Defining Elements of the Civil Law System
  • The Rights and Liabilities of third Parties
  • Discharge and Remedies
  • Remedies under a Contract

Module 4: Liability in Construction Contracts

This module aims to familiarise students with the liability of participants in construction contracts. The module covers every aspect of liability which includes liability in torts and contract law, limitation of liability in construction contracts, limitation of actions and the methods of limiting liability (insurance, sub-contracting, innovation and assignment) in construction projects. The module will also outline the different forms of liability provisions in the standard forms of contract and afford students the opportunity to learn how to review and draft limitation of liability clauses in a construction contract.

 

  • The Role of the Contractor
  • The Role of Professials
  • Liability in Contracts
  • Torts Law: Who is liable?
  • Limitation of Liability in Construction Contracts
  • Limitations of Actions
  • Review and Drafting Limitation of Liability Clause in Construction Contract
  • Third Parties other than Contractors
  • Professional Indemnity Insurances
  • Insurances: General
  • Sub-Contracting
  • Novation and Assignement

Module 5: Procurement and Tendering in Construction

The module will allow students to evaluate the operation of major forms of construction procurement in both the public and private sector whether in the EU or the World Bank, respectively. Students will be able to evaluate client objectives and determine the apporpriate selection of procurement systems for a construction project. Students will also cover tendering in general and cover the issues involved in tendering and practical requirements for preparing tender documents.

  • The Beginning of Public Procurement Regulation
  • The Concepts and Principles of Public Procurement Regulation
  • Applicability of the Public Procurement Rules and Construction Works
  • Monitoring Requirements
  • Wold Bank: Procurement
  • Competition: The European Community
  • Corruption and Bribery
  • Enforcement and Compliance
  • Complaints to the European Commission
  • Procurement Models and Drafting Contract Conditions
  • Developing Partnering Strategies within Construction Procurement
  • Tendering for Construction Works

Module 6: Defects and Damages

This module familiarises students with the complete process and procedure of determining defects under a construction contract and the rectification requirements. Students will cover both the practical requirements dealing with defects in a contract and the key cases. This module also covers damages that participants in a construction project can claim for when any loss is incurred. Students will have a comprehensive understanding of all the losses claimable and the methods for determining these losses.

  • Defects
  • Damages
  • Unabsorbed Overheads and Formula Adjustments
  • Quantum Merit and Unjust Enrichment
  • Employer's Damages
  • Global Claims

Module 7: Performance and Completion and Variations

This module provides students with a complete understanding of the requirements involved in completion and the key case law governing this critical point in the construction process. This module will cover the completion process under the FIDIC contract in depth and the key issues that need to be addressed. The second part of this module will familiarise students with variation and change in construction contracts. Students will learn the procedure for variations under a FIDIC contract, different ways of analysing change, requirements for formal instructions and resolving disputes.

  • Certificates and the Right to Payment
  • Time for Completion
  • Variation and Change

Module 8: Private International Law

The aim of this module is to provide students with the knowledge to identify the nature of a "conflict of laws" issue raised by a legal problem (contract or non-contract) involving a foreign aspect, identify the rule of choice of law or jurisdiction relevant to the problem and apply that rule to cross-border fact patterns. Finally the module aims to provide students with an overview of arbitration and the private law issues in construction law matters.

  • Preliminary Topics
  • Civil Jurisdiction
  • Jurisdiction
  • Limitation on Jurisdiction
  • Recognition and Enforcement of Foreign Judgments: Traditional Rules
  • Contractual Obligations
  • Non-Contractual Obligations
  • Arbitration
  • Current Issues of Private Law and Construction Law Matters

Module 9: Project Development

This module aims to provide students with a commercial understanding of the project live cycle coupled with the legal aspects involved in a development project. The module will allow students to discuss practical and commercial realities in project development from idea development through to feasibility analysis. The module aims to crystalise students' understanding by drawing on a PPP/BOT project as an example and reviewing the risks involved and all the contracts in PPP/BOT projects.

  • Introduction to Project Development
  • Commencement of Project

Module 10: Standard Forms of Contract - FIDIC

The aim of this module is to equip students with a thorough understanding of how the FIDIC contract operates on a clause by clause basis. Students will be able to distinguish key features in the FIDIC forms, how they apply to a particular project and the differences between the FIDIC form contracts.

  • History of FIDIC
  • Background to FIDIC Contracts
  • FIDIC - a Global Contract
  • FIDIC Collaboration with other Organisations
  • The FIDIC Contract
  • Applicable Laws and Permission
  • Works
  • Time
  • Contract Administration and Claims
  • Design Obligations Standard and Quality
  • Safety, Personnel and Execution
  • Variations
  • Sub-Contracting
  • Testing
  • Defects
  • Payment and Contract Price
  • Claims
  • Insurance and Securities
  • Delay Damages and Extensions of Time
  • Termination
  • Extensions of Time
  • Dispute Resolution

Module 11: Alternative Dispute Resolution (ADR) and Dispute Adjudication Boards (DAB)

The purpose of this module is to familiarise students with a wide range of dispute resolution processes and machanisms in the construction industry that are alternative to conventional forms of court ligitation; this includes expert determination, mediation, mini-trails and adjudication. The module focuses also on the FIDIC provisions for dispute resolution, in particular, the Disputes Adjudication Boards and their function under the FIDIC contracts.

  • Introduction and Background to ADR and DAB
  • Alternative Dispute Resolution
  • Mediation and its Role in Construction
  • Other ADR Models Internationally used
  • Adjudication
  • Dispute Boards
  • Mult-Tier Dispute Resolution
  • Dispute Avoidance
  • FIDIC Provisions for Dispute Resolution

Module 12: Delay and Disruption

Students will familiarise themselves with what is typically the underlying claims problem and causes. The module aims to familiarise students with the evaluation of claims and the various sub-claims. Students will become aware of the complex relationships between construction management and legal and technical aspects. The final objective of this module is to ensure students are versed with the fundamentally different approaches of common law and the civil law countries on delay and disruption.

  • Introduction and Terminology
  • The Risk of Development - Allocation of Risk
  • Notices, Claims and early Warnings
  • Extensions of Time and Time at Large
  • Planning and Programming
  • Getting at the Facts of Delay
  • the Analysis of Cause and Effect
  • Float and Time Contingencies
  • Disruption to Progress and Lost Productivity

Module 13: International Arbitration - Practice and Procedure

The module will provide students with in-depth knowledge and comparative understanding of international arbitration law and to consider some of the key institutional arbitral rules. Students will have a clear understanding of the key practical and procedural issues involved before and during an arbitration matter. the module will also teach students how to draft a valid arbitration clause. Finally students will be able to convey an understanding of the main practical and procedural issues that arise in a cross-border arbitration and learn the key issues with enforcing arbitration awards.

  • Introduction to International Arbitration
  • Applicable Laws and Rule
  • The Arbitration Agreement
  • Jurisdiction, Powers and Obligations of the Tribunal
  • The Proceedings of International Arbitration: An Overview
  • Awards given by the the Arbitration
  • Recognition and Enforcement of Awards
  • Changing or Resisting Enforcements of Awards
  • Arbitration in the Standard Forms of Contract
  • Practical Drafting of an Arbitration Clause

Module 14: Pricing and Claim Practice

This module is designed to deal on a "practical" basis with construction law and its application to pricing and real money claims. The module adopts a pragmatic approach to pricing and claims in construction contracts which can easily be understood and used on a day-to-day basis. The module aims to cover all aspects from prolongation calculation to key requirements in making a successful claim. Many professionals in the construction industry are daily exposed to pricing and claims management issues however they fail to perform this task in accordance with the contruction contract.

  • How to Evaluate a Claim
  • Managing Claims - Cost Control
  • Claim Headings
  • Prolongation
  • Disruption
  • Acceleration
  • Overheads and Profits
  • Interest and Finance Charges
  • Time for Completion of the Works
  • Extensions of Time - General Principles
  • Liquidated Damages and General Damages
  • Record Keeping and Evidence
  • Key to Making a Succussful Claim
  • Putting together Claims from Notices and Records
  • Delays and Disruption
  • Acceleration: Negotiated and Constructive
  • Overhead Recovery
  • Managing Change - Change Control
  • Document Control and Records
  • Contract Negotiating Techniques
  • Claims Avoidance
  • Risk, Value, Signs and what can be done

Module 15: Construction Contract Types and Drafting and Project Planning Techniques

This module aims to provide students with a holistic understanding of the project planning process and all the different types of construction contract. Additionally this module aims to develop advanced skills in the use and review of contracts in construction law and international techniques of drafting contracts in plain English. This module is designed to develop the necessary skills to determine the risk involved with each contract and how to allocate this by selecting the type of contract, followed by proper review and drafting of contracts.

  • General Drafting Principles
  • Words, Sentences and Punctuation
  • Arrangement and Formal Documents
  • Standard Conditions  of a Contruction Contract
  • Parties' other Documents
  • Introduction to Project Planning and Control
  • The Construction Site in Practice (Life-Cycle)
  • What influences the Project
  • Fixed Costs
  • Variable Costs
  • Surcharge Contributions on Items
  • Other Factors to consider in determining Costs
  • Awarding, Final Negations, Contracts
  • Types of Construction Contracts
  • Construction Progress
  • Handing over the Project