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CEMFCL-Construction Contract Law

Module Provider: School of Construction Management and Engineering
Number of credits: 10 [5ECTS credits]
Level: 7
Terms in which taught: Autumn and Spring
Module Convenor: JA Hillig
Pre-requisites:
Co-requisites:
Modules excluded:
Module version for: 2009/0

Email: j.b.hillig@reading.ac.uk

Aims:
This module aims to provide students with understanding and knowledge of the role of contracts in the procurement and management of construction projects, in order that they will be able to recognise the matters that such contracts usually cover, as well as a range of various approaches to these matters in different standard forms, and an understanding of the complexities of contractual language.
By the end of the module it is expected that the student will be able to:

  • Explain how the current, common standard construction contracts evolved
  • Place construction contracts in the context of negotiation and tendering processes and the legal concepts underlying contract formation
  • Recognise the obligations of the contractor and the employer under typical standard contracts
  • Describe the unique legal positions occupied by specialist trade contractors and by contract administrators
  • Identify the circumstances and process for determination of contracts and decide on the appropriate remedies for breach of contract
  • Administer and manage the basic principles associated with contractual claims
  • Initiate appropriate dispute settlement procedures including arbitration and litigation

    Assessable learning outcomes:

  • Place construction contracts in the context of negotiation and tendering processes and the legal concepts underlying contract formation.
  • Recognise the obligations of the contractor and the employer under typical standard contracts.
  • Describe the unique legal positions occupied by specialist trade contractors and by contract administrators.
  • Identify the circumstances and processes for determination of contracts and decide on the appropriate remedies for breach of contract.
  • Administer and manage the basic principles associated with contractual claims.
  • Initiate appropriate dispute settlement procedures including arbitration and litigation.

    Additional outcomes:
    This module also helps students to develop their research written skills through their involvement with background research, additional reading and note-taking.

    Outline content:
    The institutional infrastructure of the industry will be examined in terms of its impact on the production of standard-form contracts. The various options of procurement methods will be considered, with their influence on the nature and extent of contractual networks. Common roles and responsibilities will be investigated, leading to a consideration of contract choice and risk allocation. The principles underlying the formation and scope of construction contracts, tendering procedures and design management and liability will be investigated. Consideration will also be given to problems associated with defective buildings and how these affect subsequent owners. Specific contractual terms in various contracts will include those concerned with time, liquidated damages, nature and quality of contract work, payment, claims, sub-contracting, insurance and bonds. Various approaches to dealing with contractual disputes will be considered: remedies for breach of contract; arbitration and litigation procedures; alternative dispute resolution procedures.

    Brief description of teaching and learning methods:
    Lectures and private study

    Contact hours:

      Autumn Spring Summer
    Lectures 10 10
    Tutorials/seminars      
    Practicals      
    Other contact (eg study visits)      
    Total hours 10  10   
    Number of essays or assignments      
    Other (eg major seminar paper)      

    Assessment:
    Coursework:
    Nil
    Relative percentage of coursework : Nil
    Examinations:
    Part of three hour written examination in April/May
    Requirements for a pass:
    The students must obtain a mark of at least 40% in each written examination paper and an overall mark of 50% in the University examinations
    Reassessment arrangements:
    Students who fail to obtain the minimum mark in any paper, or 50% overall are required to re-sit the failed paper in August/September. Such students are, however, permitted to proceed through the summer course phase and dissertation phase of the course.

    Last updated: 8 December 2009

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