WATR09002 2018 Contracts and Procurement
The module considers both the nature and importance of contracts and procurement in the delivery of successful projects management. The module will provide learners with the necessary legal knowledge to understand and identify the complexities of law surrounding construction contracts in doing so learners will be able to recognise and confront the kinds of problem that can get in the way of successful construction project The legal meaning and implication of key terms in construction contracts will be explored and their resulting impact on the project administration will be examined. The principal legal differences between standard forms of contract, both national and international, will be identified and evaluated. The nature and type of construction claims will be considered as well as the various dispute resolution mechanisms currently employed within the construction industry. Students will understand how to plan procurements, conduct a tendering process, negotiate and administer the resulting contract.
Learning Outcomes
On completion of this module the learner will/should be able to;
Appraise the various types and standard forms of construction contracts in common use in the construction industry demonstrating a critical awareness of the main contractual framework established by the main standard form of construction contract and the significance of specific contractual terms within a construction contract
Critically assess the role, obligations and responsibilities of the employer, contractor and subcontractor under construction contracts. Interpret and appraise the validity of various contractual claims and methods of dispute resolution
Assess and analyse legal concepts/facts and formulate reasoned legal opinion/advice.
Evaluate the standard methods of procurement and demonstate the ability to give reasoned advice on the appropriateness of various procurement routes by considering the various forms of contract in particular the exposure, transfer and mitigation of risk.
Demonstrate knowledge and applied understanding of procurement law. Critically analyse the key legal concepts that tmay arise from a particular procurement option.
Teaching and Learning Strategies
The module will be delivered with online lectures with a strong linkage to case law to provide practical example to explain the theories. This module can be taught using a combination on‑line lectures and online tutorials. A range of Computer‑Aided Learning (CAL) packages are also used to support this module (e.g. Moodle, Adobe Connect, Panopto,) Students are provided with electronic materials for self‑assessment and preparation for assessments/assignments. Self‑directed, student‑centred, independent learning is a core aspect through completion of module coursework
Module Assessment Strategies
Continuous Assessment will conribute 40% of the overall mark.
Students will be given a mixture of essays, assignments and quizzes that will relate to learning outcomes thus increasing their overall depth of knowledge within that particular strand.
Students will be required to pass both the Continuous Assessment and Final Examination elements of the module
Repeat Assessments
Students will be required to repeat and resubmit any failed coursework
Students will be required to repeat and resit failed written examinations
Indicative Syllabus
Construction Contract Law
Introduction to Construction Contract Law
Time - Variations / Extensions of Time / Liquidated Damages
Onerous Clauses
Collateral Warranties
Letters of Intent
Bonds and Insurances
Contractual obligations of Employer / Contractor / Subcontractor
Standard Forms of Contract
Ireland - Public Works, RIAI, ETC, IW Contract
International - NEC3/4, FIDIC, JCT
Contractual Claims
Nature of Claims / Conditions Precedent
Types of Claim - Delay / Disruption/ Acceleration/ Loss and Expense/ Prolongation / Global, etc
Causation and Records
Disputes and their resolution
Evidence
Litigation
Adjudication
Concilliation
Arbitration
Advocacy
Procurement
Procurement Strategies & Systems
Contractual Risk Allocation & Incentives
Public Procurement Law - Domestic and EU
E‑procurement
Prequalification Systems & Tendering Processes & Remedies Directive
Coursework & Assessment Breakdown
Coursework Assessment
Title | Type | Form | Percent | Week | Learning Outcomes Assessed | |
---|---|---|---|---|---|---|
1 | MCQ | Coursework Assessment | Multiple Choice/Short Answer Test | 10 % | OnGoing | 1,2,3,4,5 |
2 | Topical Essay | Coursework Assessment | Essay | 15 % | Week 4 | 1,2,3,4,5 |
3 | Case Law or Claim Problem | Coursework Assessment | Assignment | 15 % | Week 8 | 1,2,3,4,5 |
End of Semester / Year Assessment
Title | Type | Form | Percent | Week | Learning Outcomes Assessed | |
---|---|---|---|---|---|---|
1 | Wriiten Exam | Final Exam | Closed Book Exam | 60 % | End of Semester | 1,2,3,4,5 |
Full Time Mode Workload
Type | Location | Description | Hours | Frequency | Avg Workload |
---|---|---|---|---|---|
Lecture | Tiered Classroom | Lecture | 2 | Weekly | 2.00 |
Independent Learning | Not Specified | Self Directed Learning | 5 | Weekly | 5.00 |
Part Time Mode Workload
Type | Location | Description | Hours | Frequency | Avg Workload |
---|---|---|---|---|---|
Lecture | Distance Learning Suite | Lecture | 1 | Weekly | 1.00 |
Independent Learning | Not Specified | Self Directed Learning | 1 | Weekly | 1.00 |
Directed Learning | Not Specified | Directed Learning | 1 | Weekly | 1.00 |
Online Learning Mode Workload
Type | Location | Description | Hours | Frequency | Avg Workload |
---|---|---|---|---|---|
Lecture | Not Specified | On-Line Lecture | 1 | Weekly | 1.00 |
Tutorial | Not Specified | Self Directed Learning | 1 | Weekly | 1.00 |
Independent Learning | Not Specified | Independent Learning | 5 | Weekly | 5.00 |
Workshop/Seminar | Not Specified | Workshop | 2 | Twice Per Semester | 0.27 |
Module Resources
Not relevant
Westlaw Legal Database - www.westlaw.ie
Society Of Construction Law - www.scl.org.uk
British and Irish Legal Information Institute - www.bailii.org
None
None