Postgraduate Course: Construction Law (Practical Elective) (LAWS11434)
|School||School of Law
||College||College of Arts, Humanities and Social Sciences
|Credit level (Normal year taken)||SCQF Level 11 (Postgraduate)
||Availability||Not available to visiting students
|Summary||The aim of this elective is to provide students with a basic knowledge of what a construction lawyer does. The course is an interesting mix of the skills required to draft and negotiate contracts, and the skills required to advise on and resolve disputes.
Students will be introduced to the various parties involved in a building project and explore the contractual relationships which are entered into. They will undertake practical exercises designed to demonstrate how a building contract is compiled, and negotiated, by a lawyer. They will also learn how to draft and negotiate a Collateral Warranty which is a contract which gives rights to third parties connected to a construction project.
Students will then learn about some of the key issues which arise during the life of a building project. What happens when a project is delayed or disrupted? When, and how, can the cost of a project increase? What payment rules have to be followed and what happens if they are not? What types of claims can be made?
The elective concludes by focussing on Adjudication which is a unique statutory procedure used for resolving disputes in the construction industry. The final session is a mock Adjudication which will pull together many of the issues discussed in the earlier lectures and workshops.
This course aims to develop a student¿s understanding of:
- the importance of awareness of the construction sector;
- the importance of contract law within the specialist area of construction law; and
- the role of a lawyer in the life cycle of a construction project from procurement and the completion of the construction documentation through to the resolution of any disputes which may arise.
The objective of the course is to enhance a student's legal skills and knowledge in this area of the law. It is also aims to enhance and consolidate their knowledge, understanding and personal reflection on the Law Society of Scotland's PEAT 1 Mandatory and Core Outcomes, which they have already experienced and shall continue to experience on the Diploma core courses.
In particular, by the end of the elective, a student should be confident that they will be able to:
- understand how construction projects are structured; who the relevant parties are and what they do; and how the numerous contracts entered into in connection with a construction project are structured;
- understand the terminology and key concepts used in Building Contracts and Professional Appointments;
- appreciate the component parts of a Building Contract and how they interact with each other;
- understand the purpose of Collateral Warranties and be able to identify the key points which require negotiation;
- show an awareness of the unique approach which building contracts take to the time for completion of a project and payment processes;
- appreciate why, and how, claims are made under building contracts;
- analyse a claim under a contract;
- know the dispute resolution options; and
- advise on how an Adjudication works in practice.
Entry Requirements (not applicable to Visiting Students)
||Other requirements|| None
Course Delivery Information
|Academic year 2021/22, Not available to visiting students (SS1)
||Block 4 (Sem 2)
|Learning and Teaching activities (Further Info)
Seminar/Tutorial Hours 21,
Summative Assessment Hours 1,
Other Study Hours 8,
Programme Level Learning and Teaching Hours 1,
Directed Learning and Independent Learning Hours
|Additional Information (Learning and Teaching)
On average, students are expected to spend four hours a week completing independent study activities
|Assessment (Further Info)
|Additional Information (Assessment)
||The Construction law elective is assessed by continuous assessment. Students will receive a percentage mark for the whole course. «br /»
50% is based on performance in the 6 workshops and the mock adjudication in week 7. 50% is based on two written assessments.
||Feedback is provided to student in various forms. Students will receive verbal feedback from tutors on in-class presentations, general comments on class assignments when these are handed back in class and, in general, on class performance, mainly looking at the class as a whole. Students also receive specific written feedback on assignments, where necessary.
|No Exam Information
On completion of this course, the student will be able to:
- Understand how construction projects are structured; who the relevant parties are and what they do; and how the numerous contracts entered into in connection with a construction project are structured. Understand the terminology and key concepts used in Building Contracts and Professional Appointments. Appreciate the component parts of a Building Contract and how they interact with each other. Show an awareness of the unique approach which building contracts take to the time for completion of a project and payment processes. Appreciate why, and how, claims are made under building contracts.
- Understand the purpose of Collateral Warranties and be able to identify the key points which require negotiation;
- Analyse a claim under a contract;
- Know the dispute resolution options; and
- Advise on how an Adjudication works in practice.
|Practical Law - Construction (online)|
Keating on Construction Contracts (10th edition). Available online on Practical Law.
Scottish Building Contracts by MacRoberts (2014)
|Graduate Attributes and Skills
||All elective courses on the Diploma require students to develop the following skills:
Skills and abilities in Research and Enquiry
- problem solving
- analytical thinking
- critical thinking
- independent research
- the ability to handle complexity and ambiguity
Skills and abilities in Personal and Intellectual Autonomy
- ethics and social responsibility
- self-awareness and reflection
- independent learning and development
- creativity and inventive thinking
- decision making
Skills and abilities in Communication
- interpersonal skills
- verbal communication and presentation
- written communication
- influencing and negotiation skills
Skills and abilities in Personal Effectiveness
- planning, organising and time management
- commercial / professional / situational awareness
- team working
- assertiveness and confidence
|Additional Class Delivery Information
||Six workshops, each lasting between 1 hour 15 and 2 hours.
Six lectures, each lasting between 1 hour and 1 hour 30.
A mock adjudication workshop, lasting 3 hours.
Students will have a total of 3 contact hours each week through a combination of lectures and workshops.
Total of 21 contact hours
|Keywords||Diploma,Practical Elective,Construction Law
|Course organiser||Ms Laura McBrien
|Course secretary||Ms Margaret Stewart
Tel: (0131 6)50 2004