Note: This unit version is currently under review and is subject to change!
CIVL3813: Contracts Formulation and Management (2014 - Semester 2)
|Unit:||CIVL3813: Contracts Formulation and Management (6 CP)|
Dr Liu, Li
|Session options:||Semester 2|
|Versions for this Unit:|
|Brief Handbook Description:||The objectives of this unit are to give students a fundamental knowledge of the legal system and contract terms under which projects are generally conducted. Initially, emphasis will be on contract negotiations and understanding what negotiation is about and how to prepare for negotiations and also how to manage the negotiation so that a suitable outcome for both parties may be achieved. Also being able to deal with difficult opponents will be something that will be considered.
Emphasis will be on the principles of contract formulation, administration and finalisation, including prevention and/or settlement of disputes in projects. The syllabus comprises brief overview of the legal system in Australia and comparison with other legal systems introduction to project delivery systems and the running of a typical project, introduction to contract law and the formation of contracts, the principles of standard form contracts as well as bespoke drafting, an understanding of the risks undertaken by the different contracting parties, a detailed review of a standard contract promoting an understanding of major project issues such as time, variations and payment; implementation and administration; potential liabilities associated with project participation; contract conditions and specifications; understanding insurances and alternate dispute resolution procedures; notification requirements including time bar, understanding the commercial significance of issues such as latent conditions, subcontracting, bank guarantees and security of payment legislation.
|Assumed Knowledge:||CIVL3805. Students are expected to have grasped the concepts of basic legal and management principles and the understanding of construction and engineering terminologies. As there is no any prerequisite courses for this UoS, without prior knowledge student can perform exceptionally well with regular attendance and participation in course activities.|
|Additional Notes:||►For students in the BE Civil degree (or combined degrees with BE Civil) this unit is a 4th year elective. Please take careful note: It DOES NOT count as a third year elective.
►For students in the BE Project Engineering and Management (Civil) degree this is a 3rd year core unit.
|T&L Activities:||Tutorial: Students will be given case studies to work through problems to reinforce the fundamentals of each weekly subject.|
Attributes listed here represent the key course goals (see Course Map tab) designated for this unit. The list below describes how these attributes are developed through practice in the unit. See Learning Outcomes and Assessment tabs for details of how these attributes are assessed.
|Attribute Development Method||Attribute Developed|
|Practice in reading and administering contracts, and ensuring appropriate documentation, in tutorials and exams.||Information Seeking (Level 2)|
|Practice in communicating a contractual position to relevant audiences in tutorial and lecture activities.||Communication (Level 3)|
|Practice in interpreting and applying the law of contracts, as it relates to managing engineering and construction contracts in tutorials and exams.||Professional Conduct (Level 2)|
For explanation of attributes and levels see Engineering & IT Graduate Outcomes Table.
Learning outcomes are the key abilities and knowledge that will be assessed in this unit. They are listed according to the course goal supported by each. See Assessment Tab for details how each outcome is assessed.Information Seeking (Level 2)
Mid-Sem Exam: Multiple-choice exam based on the first half of the semester lectures.
Assignment: Written. maximum 3000 words.
Final Exam: Combined multiple-choice and long form problem question exam testing subjects taught throughout the semester
|Policies & Procedures:||See the policies page of the faculty website at http://sydney.edu.au/engineering/student-policies/ for information regarding university policies and local provisions and procedures within the Faculty of Engineering and Information Technologies.|
Note: Students are expected to have a personal copy of all books listed.
Note: References are provided for guidance purposes only. Students are advised to consult these books in the university library. Purchase is not required.
Note that the "Weeks" referred to in this Schedule are those of the official university semester calendar https://web.timetable.usyd.edu.au/calendar.jsp
|Week 1||Introduction to the subject, to engineering and construction projects, to Standard Form Contract AS 4300-1995, an outline of the Australian legal system; parliament and the courts.|
|Week 2||Basics of contract formation; offer, acceptance, consideration, intention to create legal relations, capacity.|
|Week 3||Payment and security of payment, including the Building and Construction Industry Security of Payment Act 1999 (NSW).|
|Week 4||The terms of the contract and standard of performance, how to read contract documents, how terms are implied, rules of interpretation, qualtiy of work, defects.|
|Week 5||Tenders and project delivery models.|
|Week 6||Time part 1 - practical completion, extnesions of time, liquidated damages.|
|Assessment Due: Mid-Sem Quiz|
|Week 7||Time part 2 - programming and float, acceleration, delay and disruption.|
|Week 8||Variations, what are they, time and cost consequences.|
|Week 9||The Superintendent and security for performance, injunctions.|
|Week 10||Other legal and practical project issues including latent conditions, subcontracting, novation, insurance, indemnities.|
|Week 11||Disputes part 1 - claims, notices, time bars, record keeping, pro-formas, checklists, suspension.|
|Week 12||Disputes part 2 - breach of contract, essential terms, default and insolvencey, repudiation, termination.|
|Week 13||Dispute resolution methods, litigation, arbitration, mediation, conciliation, expert determination, adjudication, negotiation.|
|STUVAC (Week 14)||Consolidate knowledge from first half of semester, note relevant clauses of standard form contract.|
|Exam Period||Review tutorial materials for long form problem question solving examples.|
|Assessment Due: Final Exam|
The following is a list of courses which have added this Unit to their structure.
This unit contributes to the achievement of the following course goals:
|Information Seeking (Level 2)||Yes||20.01%|
|Communication (Level 3)||Yes||32.01%|
|Professional Conduct (Level 2)||Yes||48.01%|
These goals are selected from Engineering & IT Graduate Outcomes Table which defines overall goals for courses where this unit is primarily offered. See Engineering & IT Graduate Outcomes Table for details of the attributes and levels to be developed in the course as a whole. Percentage figures alongside each course goal provide a rough indication of their relative weighting in assessment for this unit. Note that not all goals are necessarily part of assessment. Some may be more about practice activity. See Learning outcomes for details of what is assessed in relation to each goal and Assessment for details of how the outcome is assessed. See Attributes for details of practice provided for each goal.