MODULE DESCRIPTOR
MODULE TITLE Construction Law 3
MODULE CODE BN3050 (L6) CREDIT 20
VALUE
MODULE Semester/ Year/ Block
DELIVERY
MODULE Dee Davenport
TUTOR
DATE April 2010 (PCR) VERSION 1.0
APPROVED NUMBER
DEPARTMENT School of Built & PARTNER HKCT
Natural Environment INSTITUTION
RELATIONSHIP WITH OTHER MODULES
Co-requisites Pre- Excluded
requisites Combinations
MODULE AIMS
The aims of the module are to develop the student’s expertise in construction law to extend
beyond issues raised within standard forms of contract to situations in which potential
disputes can be resolved through a comprehensive and in-depth reference to common law
and statutory principles
MODULE CONTENT
The module examines the nature of conflict within construction contracts and the various
ways in which it can be investigated and addressed. The following areas are covered:
Contractual issues relating to construction contracts in the context of common law
principles including the formation of contracts, time clauses, payments, liquidated
damages, certification and non-performance, limitations and latent defects
Tortious issues relating to construction contracts including negligence and economic
loss and concurrent claims in contract and in tort
The impact of statutory law on construction contracts including acts relating to
construction contracts, sale of goods, third party rights etc
The rules of construction and implied terms in construction contracts including design
liabilities and fitness for purpose
Delay and disruption protocols, prolongation claims
Third-party rights and collateral warranties
Sub-contracts, sub-letting and assignment
Set-off and counterclaims
Insolvency
Dispute resolution including civil procedure rules, Arbitration, Adjudication and
Mediation
LEARNING OUTCOMES
On successful completion of this module a student will be able to:
Review and evaluate the causes of disputes and claims in the construction industry
1.
within a contractual and non-contractual framework.
Summarise legal principles and key concepts relating to construction contracts in the
2.
context of liabilities in common law, contract law, statutory law and dispute resolution.
Explain and apply the legal principles relating to construction contracts to the
3.
resolution of conflicts arising in routine and unfamiliar situations.
Critically review and analyse legal resource material including case law in the process
4.
of presenting arguments, evidence and discursive material relating to the resolution
Version controlled document
and avoidance of claims and disputes in construction contracts.
Summarise material relating to routine or unfamiliar contractual problems and their
resolution through the presentation of clearly referenced relevant information
5.
supported by analysis, argument and commentary in a form appropriate to the
audience.
TEACHING AND LEARNING STRATEGY
The module will be delivered by a combination of lectures and seminars which will be tutor
led.
Students are expected to prepare for the sessions by undertaking directed study, reviewing
and revision of preceding work.
INDICATIVE CLASS CONTACT
Year Long Semester Long
Lectures will be one hour long (24 hours). Lectures will be 2 x one hour long (24 hour).
Seminars will be one hour long (24 hour). Seminars will be 2 x one hour long (24 hour).
INDICATIVE ASSESSMENT
Number of Assessment Weighting % Type/Duration/ Learning
Assessments Wordcount Outcomes being
(indicative only) assessed
Essay
1 25% 2000 words LOs 1-4
Individual
500 words
Presentation
1 25% Powerpoint LO 5
of specific issue
presentation
Examination
1 50% 3 hours LOs 1-5
MODULE PASS REQUIREMENTS
To pass this module a student must achieve an aggregate mark of 40%, and should achieve
a minimum of 40% in each component of assessment
BIBLIOGRAPHY AND LEARNING SUPPORT MATERIAL
Core Texts Generally
nd
Adriaanse, J. (2007) Construction Contract Law: The Essentials, 2 Ed, Palgrave Macmillan
th
Furst, S, Ramsey, V, (2006), Keating on Building Contracts, 8 Ed. Sweet and Maxwell
Murdoch, J. , Hughes, W. (2007), Construction Contracts: Law and Management. Spons
th
Uff, J., (2009) Construction Law, 10 Ed, Sweet and Maxwell.
th
Wallace,I.D. (2007), Hudson’s Building and Engineering Contracts, 12 Ed, Sweet and
Maxwell.
Core Texts (Hong Kong)
Hills, M.J. (1998) Building Contract Procedures in Hong Kong, Longman
Mau, S. (1996) Building Law in Hong Kong, Longman
rd
Shum, C. (2000) General Principles of Hong Kong Law, 3 . Ed. Longman
Support Materialhttp://site.ebrary.com/ John Murdoch, Will Hughes, Construction Contracts:
Law and Management, 2000.
Construction Law Journal, Sweet and Maxwell
Construction Industry Law Letter
International Construction Law Review, LLP
UCLAN LLRS legal databases- Westlaw, Lexis Nexis Professional, Halsbury’s Laws of
England, Emden’s Construction Law
Building Law Reports
Version controlled document
Version controlled document
