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Unit of study_

CIVL4813: Contracts Formulation and Management

The objectives of this unit are to give students a fundamental knowledge of the legal system and contract terms under which projects are generally conducted. Initially, emphasis will be on contract negotiations and understanding what negotiation is about and how to prepare for negotiations and also how to manage the negotiation so that a suitable outcome for both parties may be achieved. Also being able to deal with difficult opponents will be something that will be considered. Emphasis will be on the principles of contract formulation, administration and finalisation, including prevention and/or settlement of disputes in projects. The syllabus comprises brief overview of the legal system in Australia and comparison with other legal systems introduction to project delivery systems and the running of a typical project, introduction to contract law and the formation of contracts, the principles of standard form contracts as well as bespoke drafting, an understanding of the risks undertaken by the different contracting parties, a detailed review of a standard contract promoting an understanding of major project issues such as time, variations and payment; implementation and administration; potential liabilities associated with project participation; contract conditions and specifications; understanding insurances and alternate dispute resolution procedures; notification requirements including time bar, understanding the commercial significance of issues such as latent conditions, subcontracting, bank guarantees and security of payment legislation.

Code CIVL4813
Academic unit Civil Engineering
Credit points 6
Prerequisites:
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None
Corequisites:
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None
Prohibitions:
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CIVL3813 OR ENGG3854
Assumed knowledge:
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CIVL3805. Students are expected to have grasped the concepts of basic legal and management principles and the understanding of construction and engineering terminologies. As there are no any prerequisite courses for this UoS, without prior knowledge student can perform exceptionally well with regular attendance and participation in course activities.

At the completion of this unit, you should be able to:

  • LO1. identify the requirements for the formation of valid contracts
  • LO2. understand how contract clauses deal with major issues such as time, claims, variations, and payment
  • LO3. identify issues which may give rise to disputes, and appreciate how to minimise and manage disputes
  • LO4. read and understand the basic requirements of an engineering or construction contract, including the rights and obligations of each party, the order of precedence of contract documents, and time restrictions
  • LO5. develop a working knowledge of the appropriate documentation required when administering contracts, giving/receiving notices, claims, and applications for variations/extensions of time/payment
  • LO6. communicate effectively, clearly, and concisely a contractual position to the relevant audience
  • LO7. recognise the importance of effective communication in a dispute forum, including principled negotiation.

Unit outlines

Unit outlines will be available 2 weeks before the first day of teaching for the relevant session.