https://courseoutline.auckland.ac.nz/dco/course/ENGGEN/734/1205

ENGGEN 734 : Engineering Contracts for Project Managers

Engineering

2020 Semester Two (1205) (15 POINTS)

Course Prescription

Theoretical concepts in engineering commercial contracts, how those concepts apply to the work environment and manifest in the contracts in use in the project environment. Students will study relevant case law, NZS3910, NEC3 and FIDIC.

Course Overview

This course builds on the students understanding of commercial issues around projects and familiarises them with aspects of the various standard contracts in use for the delivery of projects. It explains the theoretical concepts related to contracts and how those concepts apply to the project environment. On successful completion of this course students will understand:
  • Contract types, including Traditional, Design and Build, Partnering, Alliancing, etc., and their suitability to achieve the desired outcomes. Risks associated with a range of contract types. 
  • The main principles, philosophies, actors / roles, clauses and options of NZS3910:2013, NEC and FIDIC; the differences between the contracts and their suitability for a range of environments. 
  • The litigation examples and selected applicable case law and their implications on the approaches used in project work today. 
  • The role of the consultant in projects and the legal implications arising for the professional project manager acting as a client’s agent / contract administrator; effective management of public and professional liability. 
  • Relationship based contracting; Alliances and how these work contractually. 
  • Forms of contract for Public Private Partnerships or Private Finance Initiatives. 
  • The obligations under the Health and Safety at Work Act in New Zealand for themselves, their project teams and their stakeholders. 

The course will have a total of 12 lectures, delivered weekly. The weekly topics covered in the lectures are as follows (note that the order in which topics are delivered may change):
  1. Introduction to construction law, and legal framework 
  2. Contract process, and contract formation 
  3. Concept stage of project, and project procurement 
  4. Project scope of works, and standard of works 
  5. Pricing and payment, variations and valuation of variations 
  6. Liabilities, insurance, IPENZ, CCS, and NZIA 
  7. Time in construction contracts, notice provisions and time bars 
  8. Suspension and termination 
  9. Professional representative 
  10.  Disputes under construction contracts 
  11. Limitation (Limitation Act 1950, Limitation Act 2010 & Building Act 2004) 
  12. Construction Contracts Act 2002 (CCA) / Health and Safety at Work Act 2015 (HSWA) 
In addition, there is time allocated at the end of most lectures for a tutorial, which is participatory workshop in which students are expected to contribute to case studies and actively participate in the application of theories to problems and workshop scenarios.  The course delivery adopts a flexible learning approach in which materials are delivered via a mix of face-to-face and online methods. Students are expected to undertake considerable additional work per week reading and completing assignments. Note that one of the major assignments is team-based and as such students are expected to make time to meet with their team members. 

Course Requirements

Restriction: CIVIL 790

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Capability 6: Social and Environmental Responsibilities
Graduate Profile: Master of Engineering Project Management

Learning Outcomes

By the end of this course, students will be able to:
  1. Critically evaluate alternative project delivery systems and identify a suitable delivery system for a particular project. (Capability 1, 2 and 3)
  2. Critically evaluate alternative model forms of contract and /or identify a suitable contract form for a particular project. (Capability 1, 2, 3 and 5)
  3. Apply concepts of contracts and be able to synthesis concepts in order to effectively use model forms of contract and apply key clauses. (Capability 3, 4, 5 and 6)
  4. Appreciate and apply knowledge of key legislative requirements applicable to delivery of projects in New Zealand. (Capability 1, 4, 5 and 6)

Assessments

Assessment Type Percentage Classification
Quizzes 10% Individual Coursework
Discussion papers (essays) 20% Individual Coursework
Assignment (individual) 30% Individual Coursework
Assignment (team) 40% Group Coursework
4 types 100%
Assessment Type Learning Outcome Addressed
1 2 3 4
Quizzes
Discussion papers (essays)
Assignment (individual)
Assignment (team)
The team assignment requires that students work in small-medium sized teams on a major assignment. Participation in the team assignment is required (there is no alternative assignment option for students who prefer not to work in teams). The expectation is that the team is a self-managing autonomous unit, and is used as a learning environment on the basis that projects are typically delivered in teams in the workplace.
A group mark will be given for the team assignment deliverables. Each team member will also be required to complete a peer assessment of the work attitudes and contributions of all other members of their team. The individual student’s mark will then be determined based on the group mark, adjusted up or down within a range of about  + or - 15%, in accordance with the results of the peer assessment by all other members of the team. Note also that your team assignment mark may be reduced substantially more if there is evidence that you have not contributed to the team assignment, and zero participation in the team assignment will result in a zero mark of the project.

The team assignment will comprise of 2 stage submission, with written report and a presentation.

Penalties will apply to late submissions as follows:
Time After the Due Date / - Penalty
<=24 hours (1 day) -10%
>24 hours but <=48 hours (2 days) -20%
>48 hours but <=72 hours (3 days) -30%
>72 hours but <=96 hours (4 days) -40%
>96 hours but <=168 hours (7 days) -50%
>168 hours (7 days) -100%

Extensions will only be granted in exceptional circumstances. If you want to apply for an extension you should discuss your circumstances with the Course Coordinator before the assignment due date. For medical circumstances, you should provide a copy (or original) of a medical certificate.

Workload Expectations

This course is a standard 15 point course and students are expected to spend 10 hours per week involved in each 15 point course that they are enrolled in.

For this course, you can expect approximately 24 hours of lectures, 6 hours of tutorials, 30 hours of reading and thinking about the content and 90 hours of work on assignments and/or test preparation.

Learning Resources

There are no prescribed texts. Students may find a number of texts that cover the course material well, and should refer to several where possible. The following texts are suggested:
  • Kennedy-Grant, T., and Weatherall, M., (2016): Construction Contracts and Dispute Resolution (Lexis Nexis, Wellington, 2016) 
  • Conditions of Contract for Building and Civil Engineering Construction, NZS3910, 2013 
  • New Engineering Contract (NEC) suite of contracts, (edition 3 or 4) 
  • FIDIC Construction Contract 2nd Edition (Red Book) 
Lecture slides and lecture voice recordings are available on Canvas.

Other Information

Restricted to postgraduate students only

Digital Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Learning Continuity

In the event of an unexpected disruption we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and your assessment is fair, and not compromised. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator, and if disruption occurs you should refer to the University Website for information about how to proceed.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course coordinator, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website at http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a member of teaching staff as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page: https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter (https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html).

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 05/08/2020 12:15 p.m.