KA5010 - Construction Law

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What will I learn on this module?

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

Key topics include;

• Comparison of Standard Forms
• Letters of Intent
• Retention of Title
• Payment Issues
• Occupiers Liability
• • Legal Issues and BIM• Dispute avoidance and resolution
• The role of a surveyor as an Expert
• Professional Liability and Ethics

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 assessment

You will be assessed via a f Blackboard test, related to the subject areas studied. The feedback on this will assist your subsequent learning .There will be a individual project set during the second part of the semester which will assess your understanding of various legal principles and procedures and your ability to work effectively with these and give appropriate advice to a notional client.

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 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 project associated with this module will be designed to assist you in learning and applying facts and procedures covered 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 assessments. 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.

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 test administered via the eLP . This will assess MLO1.

There will also be a project, where you will produce an advisory report with a word limit of 2500 words and this will be scenario based. This will assess MLO1, ML02 and ML03

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. Emphasis will be given to current 'hot’ topics, commonly encountered in the field of quantity surveying, that often lead to dispute such as late payment and insolvency. . You will learn to establish the key components of a potential construction dispute and techniques for avoidance. Where a dispute crystallises you will learn the most appropriate approach to resolution and attaining the most appropriate contractual outcome for all parties

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

Course info

Credits 20

Level of Study Undergraduate

Mode of Study 5 years part-time

Department Architecture and Built Environment

Location City Campus, Northumbria University

City Newcastle

Start September 2021

Fee Information

Module Information

All information on this course page is accurate at the time of viewing.

Courses starting in 2021 are offered as a mix of online and face to face teaching due to the ongoing Covid-19 pandemic.

We continue to monitor government and local authority guidance in relation to Covid-19 and we are ready and able to flex accordingly to ensure the health and safety of our students and staff.

Students will be required to attend campus as far as restrictions allow. Contact time will increase as restrictions ease, or decrease, potentially to a full online offer, should restrictions increase.

Our online activity will be delivered through Blackboard Ultra, enabling collaboration, connection and engagement with materials and people.

 

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