KA5010 - Construction Law

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What will I learn on this module?

You will learn to apply principles of the English Law, learnt previously, to the administration of construction contracts, the day to day control of contractual procedures and the avoidance of disputes and, should they arise, their resolution. The module includes a study of the relevant legislation and case law relating to express provisions of the Standard Forms of Construction Contract. You will also study the detailed workings of various aspects of Dispute resolution, including Adjudication, Arbitration, Mediation and Litigation.

Key topics include;

• Comparison of Standard Forms (JCT 11, NEC 3)
• Partnering Contracts
• Bespoke Contracts
• European Legislation
• Occupiers Liability
• Agency
• PFI
• Dispute avoidance and resolution
• Expert witnesses
• Professional Liability

How will I learn on this module?

You will learn through lectures and seminars. Lectures will be used to introduce the topics and emphasize key points. Directed learning will prepare you for legal debates relating to construction problems which will be conducted in seminar sessions. Feedback on seminar sessions will encourage development and progress in readiness for the examination.

You will be assessed via a series of Blackboard tests, related to the subject areas studied. The feedback on these will be formative in nature, assisting your subsequent learning .There will be a coursework set during the second semester which will assess your understanding of various legal principles and procedures and your ability to work effectively with these.

If you are in employment your workplace will be the main learning environment, in effect acting as a framework for construction law. However, tutor support will be available via drop-in sessions throughout the module study period. If you are in employment it is recognised that there is the need for modes of blended learning delivery, experiential assessment, and opportunities to combine work and study through independent study, embedded learning opportunities, and relevant communications technologies. Lecture capture will be used to elaborate on the content contained in any teaching material along with audio recording and notes to support presentations on key topics.

How will I be supported academically on this module?

The Seminar sessions and Law Project associated with this module will be designed to assist you in learning and applying facts and procedures tought you in lectures. You will be given formative feedback as a group, at the conclusion of each seminar exercise. In addition, you will be given individual feedback on your Project and on your examination. You may support one another in the learning process through discussion though not in the final preparation of submissions .

If you are in employment your workplace will be the main learning environment, however, tutor support will be available via drop-in sessions throughout the module study period. The eLP, telephone and email will be used as a means of communication once the initial briefings have taken place and work-based visits will be made by tutors if appropriate.

What will I be expected to read on this module?

All modules at Northumbria include a range of reading materials that students are expected to engage with. The reading list for this module can be found at: http://readinglists.northumbria.ac.uk
(Reading List service online guide for academic staff this containing contact details for the Reading List team – http://library.northumbria.ac.uk/readinglists)

Marshall, E.A. (2001) Gill: The Law of Arbitration. 4th edition, Sweet and Maxwell
Mills, R. (2005) Construction Adjudication , RICS Books
Baker, E. et al (2005) Expert Witness, RICS Books
Uff,J (2009) Construction Law: law and practice relating to the construction industry. 10th edition, Thomson – Sweet and Maxwell

What will I be expected to achieve?

Knowledge & Understanding:
• MLO1: You will develop and apply the principles contained within the Common Law, Statute and standard Construction Contracts in the management of the construction process

Intellectual / Professional skills & abilities:
• MLO2: You will be able to determine, through personal deliberation and debate the contractual significance of factors within differing scenarios. You should be able to establish the appropriate course of action within a legal framework.

Personal Values Attributes (Global / Cultural awareness, Ethics, Curiosity) (PVA):
• MLO3: You will be able to identify and appraise solutions which are legally correct and which are also fair and equitable for both parties.

How will I be assessed?

You will be assessed through a series of tests administered via the eLP at intervals across the year. These will assess MLO1-3.

There will also be a coursework, where you will produce a report with a word limit of 2000 words and this will be scenario based.

Pre-requisite(s)

None

Co-requisite(s)

None

Module abstract

This module will put you on the front line alongside those involved in effective management of construction contracts and in the resolution of construction disputes. You will discover the various procedures; which might be applied in particular circumstances; the relationship between these and mechanics of employing each to arrive at a fair solution for the parties concerned. You will learn to establish the key components of a potential Construction Dispute and thus techniques for its avoidance. Where the dispute developes further you will learn the most appropriate approach to attaining the most appropriate Contractual outcome for all parties, whether through Alternative Dispute Resolution, Adjudication, Arbitration or Litigation.

If you are in employment your workplace will act as a framework for construction law to develop your skills and knowledge.

Course info

UCAS Code K240

Credits 20

Level of Study Undergraduate

Mode of Study 3 years full-time or 4 years with a placement (sandwich)/study abroad

Department Architecture and Built Environment

Location City Campus, Northumbria University

City Newcastle

Start September 2020

Fee Information

Module Information

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