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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.