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We are aiming for an incremental return to campus in accordance with guidelines provided by NSW Health and the Australian Government. Until this time, learning activities and assessments will be planned and scheduled for online delivery where possible, and unit-specific details about face-to-face teaching will be provided on Canvas as the opportunities for face-to-face learning become clear.

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.

Details

Academic unit Civil Engineering
Unit code CIVL4813
Unit name Contracts Formulation and Management
Session, year
? 
Semester 2, 2020
Attendance mode Normal day
Location Camperdown/Darlington, Sydney
Credit points 6

Enrolment rules

Prohibitions
? 
CIVL3813 OR ENGG3854
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

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.

Available to study abroad and exchange students

No

Teaching staff and contact details

Coordinator Peter Cafe, peter.cafe@sydney.edu.au
Lecturer(s) Natalie Perisa , natalie.perisa@sydney.edu.au
Type Description Weight Due Length
Final exam (Open book) Type C final exam Final exam
Type C: Online. Fixed time during the formal exam period.
50% Formal exam period 2 hours
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7
Assignment group assignment Assignment
Written responses to scenarios
25% Multiple weeks Maximum 2500 words
Outcomes assessed: LO1 LO7 LO6 LO3 LO2
Participation group assignment Tutorials
10% Multiple weeks n/a
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7
Online task Mid-semester Quiz
Multiple-choice questions, short-answer
15% Week 09 ~40 mins
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7
group assignment = group assignment ?
Type C final exam = Type C final exam ?
  • Participation: responses to discussion board questions
  • Assignment: scenario-based responses
  • Mid-Sem quiz: quiz based on the first half of the semester content.
  • Final Exam: Combined multiple-choice, and long form problem questions testing subjects taught throughout the semester.

Detailed information for each assessment can be found on Canvas.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

 

Distinction

75 - 84

 

Credit

65 - 74

 

Pass

50 - 64

 

Fail

0 - 49

When you don’t meet the learning outcomes of the unit to a satisfactory standard.

For more information see sydney.edu.au/students/guide-to-grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

Special consideration

If you experience short-term circumstances beyond your control, such as illness, injury or misadventure or if you have essential commitments which impact your preparation or performance in an assessment, you may be eligible for special consideration or special arrangements.

Academic integrity

The Current Student website provides information on academic honesty, academic dishonesty, and the resources available to all students.

The University expects students and staff to act ethically and honestly and will treat all allegations of academic dishonesty or plagiarism seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic dishonesty. If such matches indicate evidence of plagiarism or other forms of dishonesty, your teacher is required to report your work for further investigation.

WK Topic Learning activity Learning outcomes
Week 01 1. Discussion on negotiations, principled and modern; 2. What is it? Why is it important? Lecture and tutorial (4 hr) LO7
Week 02 Negotiations: Positional bargaining, alternative to positional bargaining Lecture and tutorial (4 hr) LO7
Week 03 Negotiations: Inventing Options for Mutual Gain, looking at objective criteria, emotional Intelligence Lecture and tutorial (4 hr) LO6 LO7
Week 04 Negotiations: Body language, negotiating globally, dealing with difficult people, negotiating etiquette Lecture and tutorial (4 hr) LO3 LO6 LO7
Week 05 Contracts: Introduction to contracts Lecture and tutorial (4 hr) LO1
Week 06 1. Intention; 2. Capacity to contract; 2. Invitation to tender; 3. Offers versus invitation to treat Lecture and tutorial (4 hr) LO1 LO4
Week 07 Contractual Offers, what does this mean? Lecture and tutorial (4 hr) LO1 LO4
Week 08 Contractual acceptance as compared to offers Lecture and tutorial (4 hr) LO1 LO2 LO5
Week 09 1. Consideration; 2. Implied terms Lecture and tutorial (4 hr) LO1 LO2 LO4 LO5
Week 10 1. Exclusion clauses; 2. Variations; 3. Extension of time Lecture and tutorial (4 hr) LO4 LO5 LO6
Week 11 Misrepresentation, mistake, unconscionable conduct Lecture and tutorial (4 hr) LO3 LO5
Week 12 1. Discharge; 2. Negligence Lecture and tutorial (4 hr) LO5 LO7
Week 13 1. Dispute resolution; 2. Mediation; 3. Arbitration; 4. Expert Determination; 5. Litigation Lecture and tutorial (4 hr) LO3 LO5 LO6 LO7

Attendance and class requirements

Tutorials: Students will be given case studies to work through problems to reinforce the fundamentals of each weekly subject.

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Prescribed readings

All readings for this unit can be accessed through the Library eReserve, available on Canvas.

  • Bailey, I, Bell, M, Understanding Australian Construction Contracts (First). Thomson Reuters, 2008. 343.94078624.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University’s graduate qualities and are assessed as part of the curriculum.

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.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9
More flexible student experiences have been included.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.