EGB482 Contracting and Construction Regulations
To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.
| Unit code: | EGB482 |
|---|---|
| Prerequisite(s): | EGB273 or admission to EN55 |
| Equivalent(s): | ENB277 |
| Credit points: | 12 |
| Timetable | Details in HiQ, if available |
| Availabilities |
|
| CSP student contribution | $1,118 |
| Domestic tuition unit fee | $4,680 |
| International unit fee | $5,784 |
Unit Outline: Semester 1 2024, Gardens Point, Internal
| Unit code: | EGB482 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | EGB273 or Admission to (EN55 or EN60) |
| Equivalent: | ENB277 |
| Coordinator: | Marc Miska | marc.miska@qut.edu.au |
Overview
A construction engineer must have an appreciation of the commercial environment in which they work. The law and particularly the law relating to construction has a significant impact upon that commercial environment. This unit will provide a framework and sufficient detail to increase your awareness of how the law governs you and your organisation's actions within the industry. In addition, you will understand the operation of a construction contract and the claims and disputes commonly associated with the administration of such a contract.
The lectures provide a solid foundation required for Construction Engineers, and embedded in the tutorials are discussions of real-world cases of the past month to highlight the importance of understanding the impacts of day-to-day decisions in the world of construction.
Learning Outcomes
On successful completion of this unit you will be able to:
- Explain and apply the fundamentals of the law of contract, negligence and relevant legislation to construction industry contexts.
- Review, interpret and explain a typical construction contract.
- Undertake simple research into a legal issue regarding construction issues.
- Gather relevant facts and formulate a construction claim and its defence.
- Demonstrate understanding of the fundamentals of dispute prevention and resolution.c
Content
2. The fundamentals of the law of contract, negligence and the Competition and Consumer Act 2010 (previously the Trade Practices Act 1974).
3. An introduction to insurance and intellectual property in the context of the engineering and construction industry.
4. A brief review of the Queensland Building and Construction Commission and the Building Construction and Industry Payments Act 2004.
5. An overview of work health and safety, employment law and legal liability for environmental risks.
6. The review and interpretation of the terms and the workings of a typical construction contract.
7. An understanding of dispute prevention, risk mitigation and resolution, including consideration of alternative dispute resolution procedures.
8. Methodology and fact-gathering required to lodge, advocate and sustain a claim under a construction contract as well as an approach to take in defending a claim.
9. The fundamentals of the approach to undertake simple legal research and interpretation of a Statute.
Learning Approaches
Teaching Mode: Hours per week 3:
Lecture: 2 hours covering the theory relating to the topic
Lecture workshop/Tutorial: 1 hour
This unit is taught by practising construction lawyers with tutorials designed as interactive workshops using some real case studies, negotiation activities and possible role play with individual and group components similar to industry practice. Participation is key.
Feedback on Learning and Assessment
You will receive feedback about your participation in workshops. The oral presentation will be marked, and a CRA will be available, this will allow you to be able to discuss this feedback with the lecturer/tutor. In addition, a review of all the groups' participation will be provided orally on the day.
You will receive formative oral feedback on the day of the presentation and each week in workshops as questions, problems and issues are discussed.
Assessment
Overview
Assessment consists of a case study presentation, multiple choice quiz and a final year exam. There are also formative tutorial questions each week, in preparation for the final exam, and on-line quizzes.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Case Study Presentation
Present in a group, an allocated case study.
The oral presentation component: Weighting: 25%
A written essay component: Weighting 25%
Assessment: Examination (written)
End of semester 2 hour examination covering all content in the lecture.
“If campus access is restricted at the time of the central examination period/due date, an alternative, which may be a timed online assessment, will be offered. Individual students whose circumstances prevent their attendance on campus will be provided with an alternative assessment approach.”
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
1. Coggins, Jeremy; Davie, Tom; Earls, Tony; Evans, Phil: Understanding Construction Law, 2016, LexisNexis Butterworths
Recommended Text:
2. Sweeney, Brendan; O'Reilly, Jennifer; Coleman, Andrew: Law in Commerce, 2016, 6th edition, LexisNexis Butterworths
Other Useful Texts
1. Cremean, Damien.J; Whitten, Michael H; Sharkey, Michael F:Brooking on Building Contracts: the Law and Practice relating to Building and Engineering Agreements, 2014, 5th edition, LexisNexis Butterworths
2. Bailey, Ian H; Bell, Matthew; Bergin, P.A; Giles, Roger; Bell, Catherine: Construction Law in Australia, 2011, 3rd edition, Thomson Reuters
3. Gerber, Paula; Ong, Brennan: Best Practice in Construction Disputes: Avoidance, Management and Resolution, 2013, LexisNexis Butterworths
4. Cooke, John R: Architects, Engineers and the Law, 2010, 4th edition, The Federation Press.
5. Eilenberg, Ian M: Dispute Resolution in Construction Management, 2003, UNSW Press
References
1. Standards Australia. General Conditions of Contract, AS4000-1997
2. Standards Australia.General Conditions of Contract for Design and Construct, AS4902-2000
3. Standards Australia. Assuring Probity in decision making, HB325-2008
Risk Assessment Statement
You will undertake lectures and tutorials in the traditional classrooms and lecture theatres. As such, there are no extraordinary workplace health and safety issues associated with these components of the unit.
Additional Costs
There are no out of the ordinary costs associated with this unit.
Standards/Competencies
This unit is designed to support your development of the following standards\competencies.
Engineers Australia Stage 1 Competency Standard for Professional Engineer
1: Knowledge and Skill Base
Relates to: Case Study Presentation, Examination (written)
Relates to: Examination (written)
Relates to: Case Study Presentation, Examination (written)
Relates to: Examination (written)
2: Engineering Application Ability
Relates to: Examination (written)
3: Professional and Personal Attributes
Relates to: Case Study Presentation
Relates to: Case Study Presentation
Relates to: Case Study Presentation
Relates to: Case Study Presentation
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.EN55 Master of Professional Engineering
- Apply advanced and specialist knowledge, concepts and practices in engineering design, analysis management and sustainability.
Relates to: Case Study Presentation, Examination (written) - Critically analyse and evaluate complex engineering problems to achieve research informed solutions.
Relates to: Case Study Presentation, Examination (written) - Communicate complex information effectively and succinctly, presenting high level reports, arguments and justifications in oral, written and visual forms to professional and non specialist audiences.
Relates to: Case Study Presentation
EN60 Graduate Certificate in Communication for Engineering
- Demonstrate and apply specialised knowledge and technical skills in at least one Engineering discipline.
Relates to: Examination (written) - Critically investigate real world engineering issues and solve complex problems drawing on specialised creative skills, analysis, evaluation and synthesis of discipline knowledge, theory and practice.
Relates to: Case Study Presentation, Examination (written) - Employ effective written and oral professional communication skills across social, cultural and discipline domains.
Relates to: Case Study Presentation - Exercise responsibility and accountability in applying knowledge and skills for own learning and effective practice including working independently, ethically and collaboratively.
Relates to: Case Study Presentation