ENGGEN 734 : Engineering Contracts for Project Managers
Engineering
2021 Semester Two (1215) (15 POINTS)
Course Prescription
Course Overview
- 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.
- Project issues, claims and risk allocation including the legal framework within which projects are set, and around liquidated damages, extension of time claims, completion and other milestones.
- 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.
- Introduction to construction law, and legal framework
- Contract process, and contract formation
- Concept stage of project, and project procurement
- Project scope of works, and standard of works
- Pricing and payment, variations and valuation of variations
- Liabilities, insurance, IPENZ, CCS, and NZIA
- Time in construction contracts, notice provisions and time bars
- Suspension and termination
- Professional representative
- Disputes under construction contracts
- Limitation (Limitation Act 1950, Limitation Act 2010 & Building Act 2004)
- Construction Contracts Act 2002 (CCA) / Health and Safety at Work Act 2015 (HSWA)
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 |
Learning Outcomes
- Critically evaluate alternative project delivery systems and identify a suitable delivery system for a particular project. (Capability 1, 2 and 3)
- Critically evaluate alternative model forms of contract and /or identify a suitable contract form for a particular project. (Capability 1, 2, 3 and 5)
- 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)
- 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) | ||||||||||
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.
Delivery Mode
Campus Experience
Attendance is expected at scheduled activities including tutorials to complete components of the course.
Lectures will be available as recordings. Other learning activities including tutorials will be available as recordings.
The course will include live online events including tutorials.
Attendance on campus is not required for tests.
The activities for the course are scheduled as a standard weekly timetable.
Learning Resources
- 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)
Health & Safety
Students are expected to adhere to the guidelines outlined in the Health and Safety section of the Engineering Undergraduate Handbook.
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.
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.
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 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.
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.
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.