CLP11 Building and Construction Disputes

What is this subject about?

This subject examines the context of building and construction disputes and identifies and analyses the issues most commonly giving rise to litigation.

This subject enables students to apply the skills of analysis, problem solving and strategy to formulating courses of action.

What will I learn while studying this subject?

At the end of this subject you will be able to:

• explain the context of building and construction disputes and the issues most commonly giving rise to litigation in the area
• explain the role of the Technology and Construction List and the overall regulatory environment in building and construction litigation
• identify and analyse issues which arise in building and construction disputes (including time, programming and termination issues)
• apply skills of analysis, problem solving and strategy to formulating courses of action in building and construction disputes
• determine appropriate dispute resolution options (including non-court processes) in a range of building and construction matters
• advise a client on a building and construction dispute including strategy, risks, costs, success prospects and regulatory implications

Topics in this subject will include:

• Introduction to building and construction contracts
• Building and Construction Industry Security of Payment Act
• Supreme Court Technology and Construction List
• Non-court processes
• Common building and construction disputes
• Time and programming issues
• Damages and quantum
• Termination issues
• Extra contractual remedies

How will I be assessed?

Assessment in this subject will be based on:

• satisfactory participation in the program
• drafting assignment (20%)
• written advice to client assignment (20%)
• written open-book exam (60%)