LAW5479 · Avoidance, management and resolution of construction disputes

Overview

This unit focuses on the avoidance, management and resolution of construction disputes, a speciality area of construction law that is commonly referred to as the ‘back end’. It will take a chronological approach, beginning with a critical analysis of the causes of construction disputes and the role that the construction contract and different project delivery methods play in construction disputes. Students will explore various dispute avoidance processes (DAPs) that can prevent conflicts – which invariably arise during a construction project – from escalating into disputes. Next, students examine the different ‘real time’ dispute resolution methods that can be used during the course of a construction project to assist parties to reach completion with no outstanding disputes. Finally, students explore the processes that are available for resolving any disputes that remain post project completion, including ADR, statutory adjudication, arbitration and litigation. The focus is on the unique aspects of construction disputes that require specific responses including the use of Scott schedules and the hot-tubbing of experts. Students will analyse construction dispute resolution processes used in other jurisdictions, in order to evaluate whether the Australian systems need reform, and if so, how. There will also be a critical examination of international arbitration to determine whether it represents world’s best practice when it comes to construction dispute resolution.

Offerings

Assessment

The Handbook does not list a final examination among the assessment items. That is not a guarantee there is none.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

The Handbook lists no prerequisite, corequisite or prohibition for this unit.

Learning outcomes

1. Demonstrate legal knowledge pertaining to the avoidance, management and resolution of construction disputes, including the role of lawyers in achieving better outcomes for their clients in the Australian system as well as in international and comparative contexts.
2. Reflect upon the professional responsibilities of lawyers in the efficient, just and ethical resolution of construction disputes.
3. Critically analyse and respond appropriately to complex construction disputes through applied legal reasoning and make credible choices about alternative dispute avoidance and resolution models.
4. Research, evaluate and synthesise complex information in order to justify and interpret theoretical propositions and demonstrate understanding of resources relevant to the management of construction disputes.
5. Communicate effectively, appropriately and persuasively to both legal and non-legal audiences.

Workload

Minimum total expected workload to achieve the learning outcomes for this unit typically comprises of a mixture of scheduled learning activities and independent study applicable to a 6 credit point unit. Learning activities may include a combination of teacher directed learning, peer directed learning, and online engagement.

Student experience, not official rules. Nothing here changes what the Handbook says.