WATR09002 2018 Contracts and Procurement

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.

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

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

Students will be required to repeat and resubmit any failed coursework

Students will be required to repeat and resit failed written examinations

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