LAWCOMM 451 : Construction Law

Law

2023 Semester One (1233) (15 POINTS)

Course Prescription

Examines the law applicable to the lifecycle of a construction and/or infrastructure project, including foundational concepts; the project; post-project claims and latent defects. Covers the statutory and regulatory framework, the contractual matrix, and the law of tort, equity and limitation (as these are applicable to construction and infrastructure projects). Covers legal concepts and jurisprudence unique to construction law.

Course Overview

The course will navigate key legislation that governs construction and infrastructure projects including the Building Act 2004 and the Construction Contracts Act 2002. The course navigates the lifecycle of a project with reference to New Zealand’s standard form, NZS3910:2013 and applies the legal framework to practical issues that arise in construction and infrastructure projects. Run by practitioners with relevant and interesting “work” stories to give clear examples on the application of the law to the issues that arise, this course has a pragmatic focus on the legal skills necessary to advise parties engaging in New Zealand’s construction and infrastructure industries. 

Course Requirements

Prerequisite: LAW 201, 211, 231, 241

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
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Understand and apply the statutory, regulatory, common law and usual contractual framework that govern construction projects and legal relationships in the construction industry. (Capability 1.1, 1.2, 1.3 and 4.1)
  2. Identify the legal nature of the relationships between the various parties in the construction industry and the rights and obligations which arise from those relationships. (Capability 1.1, 1.2, 2.1, 2.3 and 4.1)
  3. Identify the importance that the differing procurement models have in the success of construction projects. (Capability 1.3, 2.1, 2.3, 3.1, 3.2, 3.3 and 4.1)
  4. Evaluate and apply relevant legal principles to problem situations that are commonly encountered in the construction industry and evaluate the different ways of dealing with the issues arising. (Capability 1.1, 1.2, 1.3, 2.1, 2.3, 3.1, 3.2 and 4.1)
  5. Engage in intellectual analysis of the regulatory environment governing the construction industry (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.3 and 4.1)
  6. Demonstrate effective written communication skills by articulating key concepts clearly and persuasively. (Capability 4.1, 5.1 and 5.2)
  7. Analyse, evaluate and interpret legal rules and apply them to a variety of live issues within the construction industry. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3 and 4.1)

Assessments

Assessment Type Percentage Classification
Quiz 10% Individual Coursework
750 word assignment and presentation 20% Individual Coursework
Final 2 hour open-book exam 70% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6 7
Quiz
750 word assignment and presentation
Final 2 hour open-book exam

Workload Expectations

This is a standard 15-point course. There will be around 36 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 150 hours.

Delivery Mode

Campus Experience

Attendance is expected at all scheduled activities to complete the course.
Lectures will be available as recordings. 
The activities for the course are scheduled as a standard weekly timetable.

Learning 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.

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 feedback has been considered and has informed the updated version of this course. 

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 director, 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 Student Academic and Support Adviser 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 course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, 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 students may be asked to submit 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. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Published on 24/05/2023 03:50 p.m.