master of construction law
Part one, on decision-making, will address the distinction and interrelationship between discretion and rules, including the use and legal status of government policy and official guidance; administrative procedures, including in terms of e-governance; and the place of good governance values in government rule-making, including values of transparency, accountability and participation. Navigating all this in its legal context is one of the great ongoing challenges faced by the infrastructure industry and its legal advisers. This subject provides an overview of the range of dispute resolution techniques used internationally. Of those, at least 62.5 credit points must be from the Construction Law list. These include determining and varying contract terms, employer and employee duties, non-compete clauses, termination and damages. Subjects delivered online will have a combination of pre-recorded lecture content, live sessions and discussion boards among other resources. Identification and consideration of contractual and extra-contractual alternative dispute resolution (ADR) and dispute avoidance procedures (DAPs) in the context of international construction. Degree: Master of Science Duration: 4 semesters (120 CP) Language: German. Class sizes are typically limited to 30 students regardless of delivery mode. No. They bring to the classroom extensive experience in the investigation, analysis and resolution of delay and disruption matters. The approach is comparative. Construction litigation and arbitration (domestic and international). Participants in the industry â whether lawyers or industry professionals â therefore need to be aware of, and able to apply, a range of dispute avoidance and management techniques when putting together contractual documentation or administering projects. Overarching theories and descriptions of the construction process. It will help to establish the foundation of a more advanced and detailed knowledge and understanding of Construction Law in other classes taken. The Master of Construction Law (MConstrLaw) gives construction lawyers and professionals in building, construction, engineering and associated industries the legal knowledge to take the next step in their careers. Construction projects produce difficult legal issues. Administrative discretion and rules, with a case study on the use and legal status of administrative policy and guidance, Administrative decision-making procedures and the role of legal norms, Government rule-making and good governance values including transparency, accountability and participation, Government responses to judicial decisions and the impact of judicial decisions on public administration, with cases studies in judicial review and government liability, Judicial review and government resource allocation. Remedies accompanying effective or attempted terminations, including: Principles of quantifying expectation damages at common law, Limited rights to damages on termination pursuant to an express clause, Contractual rights to remuneration accrued due prior to the termination. Irrespective of their speciality, lawyers must negotiate. This knowledge is vital throughout the life of construction projects, from negotiations, to contract administration, to formal disputes. What is a Master in Construction Project Management? This topic offers a further but alternate perspective of shifting regulatory dynamics that pitch towards sustainability objectives, whether on built environment projects or across broad-scaled applications. Masters Construction Management. The Master of Construction Law is part of the world-renowned Melbourne Law Masters program. No. Industrial and resource extraction disasters and relevant laws in Australiaâs offshore and in comparative case studies, such as the Deep Sea mining and petroleum extraction. The focus of this subject is on the basic principles of international commercial arbitration law and is taught from the perspective of both the practitioner advising clients and the scholar interested in advanced research. Applicants will normally hold a 2:2 undergraduate honours degree or its equivalent in Architecture, Law, Surveying, an Engineering discipline, Construction Project Management or associated Business. This subject critically examines different legal approaches to avoid, mitigate and respond to disasters and relevant adaptation planning, emergency, health and natural resource management regimes. This subject will examine these issues with particular emphasis on how risk can be managed to minimise losses. This class is compulsory for PgDip and LLM students in Construction Law who do not have a law degree. Regulatory issues posed by the supply of different types of energy: Mineral energies: coal, petroleum and uranium. The development, acquisition and use of such technology raises a myriad of complex legal issues extending beyond conventional contractual issues and includes ownership rights, rights of use and risk management. Construction law is, as it sounds, the practice of law in any area of construction, from insurance to subcontracting. The subject will have a particular focus on negotiations in cross-border settings. This begins with the techniques that courts and arbitrators use to interpret express contractual terms. Read more The regulation of independent contracting, such as agency relationships, The content of the employment contract: express terms, The content of the employment contract: implied terms, Non-compete clauses and restraint of trade, Variation and flexibility in the employment contract. The subject also looks at the interaction between employment contracts and major statutes, such as the Australian Consumer Law and the Fair Work Act 2009 (Cth). Possess an overall understanding of the nature of disputes and conflict resolution, including ethical, cultural, economic, psychological and emotional factors. Individuals at all levels of an organization – from CEOs to entrepreneurs to those at a site putting plans into action – make decisions on a regular basis that have significant legal aspects. In particular, it will focus on the role of municipal and state laws in achieving liveable communities. This subject, taught by a leader in the field who brings a wealth of experience to the classroom, is designed to equip students to respond to this challenge. Every year, about half of the value of construction activity in Australia relates to the construction and renovation of dwellings. What is needed for a Master in Construction Law and Arbitration degree? Wentao Wang chose … Master of Laws (LLM) in International Construction Law, at Informa Connect in , . The focus is plain language drafting and its principles of structure, simplicity and clarity. Students must complete 100 credit points in total. Most subjects are taught intensively over five days, with some subjects taught for two hours each week during the semester. The teacher is a leading expert in negotiation training, having taught and researched at prestigious institutions such as Berkeley, Stanford and Harvard, and trained executives at some of the worldâs largest companies. By combining theory and practice, this subject should enhance studentsâ understanding of negotiation and their effectiveness as negotiators. We acknowledge and pay respect to the Traditional Owners of the lands upon which our campuses are situated. Terminology: the meaning of âmineralâ and âpetroleumâ, Jurisdiction over mineral and petroleum resources, Property in mineral and petroleum resources, Statutory exploration and production titles, Petroleum production controls and unit development, Case study 1: Mineral Resources (Sustainable Development) Act 1990 (Vic). Compulsory subject - Several intake periods, Understand your undergraduate to graduate degree pathways, Visit Melbourne on Exchange or Study Abroad, International Exchange and Study Abroad applications, View detailed information in the Handbook. The emphasis is on analysing and testing cutting-edge case law, commentary and other legal developments in the classroom and via research papers. This subject aims to provide students with a detailed understanding of the contractual procedures for payment and associated issues such as set-off. The subject examines the mechanisms by which minimum wages, working hours regulation and leave entitlements are set and reviewed, as well as the function and content of these standards. Ab sofort läuft die Anmeldefrist für den Durchgang WS 2021/22. 11 in the world (Times Higher Education World University Rankings by Subject, 2021). The final theme is the rigorous study and comparison of standard form construction contracts, including a Standards Australia contract and a FIDIC contract. The Cambridge Master of Law. This subject explores those issues with a particular emphasis on contracting and intellectual property issues associated with the development and sourcing of information technology products and services. There will be opportunities for students to apply these principles. 10 in the world (Quacquarelli Symonds (QS) World University Rankings by Subject, 2020). Florrie Darwin has taught negotiation skills to students, as well as a broad range of professionals, around the world. Environmental law deals with pressing legal and social issues within Australia and internationally that range from biodiversity protection to waste reduction. The law relating to this activity is complex and multi-layered, involving difficult policy questions and significant statutory and regulatory intervention. The topics covered range from 'vanilla' loans supported by security interests and guarantees to more complex title-based transactions, including assignments, leases and securitisations. Of the remaining 37.5 credit points, students can choose from either the Construction Law subjects, Other subjects, and up to 12.5 points from the subjects available in the Master of Laws (excluding Fundamentals of the Common Law and the Minor Thesis). There are few spheres of economic activity that are not subject to some form of regulatory oversight and control. 1 law school in Australia and No. Sort: Most info. It also evaluates the effectiveness of legal documentation employed in establishing the joint venture relationship. The seminar format is supplemented by exercises to develop studentsâ skills in contract preparation and writing legal hypotheticals, and includes sessions on construction law research tools and techniques. Dealing with structural complexity in negotiation/multi-party negotiations. Information technology is critical to almost all modern organisations and processes. 10 in the world (Quacquarelli Symonds (QS) World University Rankings by Subject, 2020). in Construction Law can be an essential tool for a lawyer or other professional working in or around the field of construction. King's is a member of the Russell group; a coalition of the UK's major research-based universities. Gain a Double Masters in just 2 years at Bond . The Master of Construction Management has been developed in partnership with construction industry leaders to meet the demand for professional managers who are technically competent in construction and able to manage the complexity of modern construction projects. The global sustainable development goals have also led urban regulators to embrace more participatory and innovative forms of governance for our society and economy. LLM - Master of Laws. Another component of this subject will follow the introduction of building information modelling (BIM) arising out of the architecture, engineering and construction management sectors. The exploitation of these resources involves governments as proprietors and regulators, together with private enterprise as explorers and developers. Our lecturers are renowned expert navigators of the landscape, and our breadth and depth of subject choices is unrivalled anywhere in the world. Such topics may include: This subject is designed for construction law students without prior legal training (Construction Law is for students who have a law degree). Setting up the project: delivery methods, standard forms, subcontracting, costing, risk mitigation (including insurance and performance security), Key technical principles: construction technology, engineering services and structures, geotechnical engineering (including the legal treatment of latent conditions), sustainability and building information modelling. The lecturer is a practitioner with over 20 years yearsâ experience in work health and safety. Most criminal prosecutions were for offences created by statute but whose elements were treated as identified largely by judge-made law. Construction contract provisions relating to disputes: Objectives, approaches and enforceability, Conflict: Conflict patterns and management, Dispute Avoidance Procedures (DAPs), Dispute Review Boards (DRBs), Dispute Adjudication Boards (DABs) and dispute resolution advisers (DRAs), Alternative Dispute Resolution (ADR): Mediation (including mock mediation), senior executive appraisal/ mini trials, non-binding and binding expert determination, domestic and international arbitration and hybrid and multi-tiered processes, Selecting the most appropriate form of DAP and/or ADR processes. The course includes guest lectures, visiting some of Melbourneâs iconic green buildings and assessing urban planning initiatives, such as the Queen Victoria Market Redevelopment, for their contribution to the development of Melbourne as a sustainable city. Identifying risk in a construction project and how various industry participants (including principals, contractors, designers, professional advisers, insurers, security providers, and statutory and government authorities) may bear responsibility, Philosophies and commercial drivers affecting risk allocation in construction contracts and consultancy agreements, and how these are reflected in standard forms, Security for performance mechanisms, including cash retentions, unconditional undertakings, parent guarantees, insurance bonds, adjudication bonds and other instruments, Insurance products available to the construction industry (including public liability, works insurance and professional indemnity insurance) and the law relating to them, including regulation by legislation, common law principles and treatment under standard-form construction contracts and consultancy agreements, Proportionate liability regimes (including Part IVAA of the, Payment processes under construction contracts, including treatment under standard forms and the impact of the security of payment legislation enacted in various jurisdictions, History and policy underpinnings of the security of payment legislation, including comparison of the regimes in Australia, the United Kingdom and New Zealand, Processes to resolve payment disputes, including those under security of payment legislation (with detailed consideration of bases for judicial review of such processes). The subject has as its focus the legal design of key secured financing transactions and the chief means by which financiers manage the risk of a borrowerâs default or insolvency. Of those, at least 62.5 credit points must be from the Construction Law list. The subject also discusses the Australian Personal Property Securities Act. The scope of employment regulation: which work relationships are covered? When you study towards Massey’s Master of Construction you will become a construction professional with expertise in: construction … The lecturers, Dr Donald Charrett and Sharon Vogel, have extensive experience in aspects of international procurement and dispute resolution. It is a flexible study programme that allows you to continue to work full time. Participants will have multiple opportunities to refine their negotiation and dispute management skills, and will leave with a series of practical tools for dealing with difficult negotiation behaviours and hard bargaining tactics in diverse settings. It provides an opportunity to understand how to efficiently conduct construction dispute procedures in various Australian courts, arbitration (both domestic and international) and expert determination. Above all, this subject will equip students to continue refining their skills as they gain more experience. From the construction industry and lead to time and payment disputes have come to contract! All this in its legal context is one of Australia and understanding negotiation! Principles apply to formal disputes ( Quacquarelli Symonds ( QS ) world University Rankings by subject, 2020 ) this. Learning to help you select subjects that will meet the requirements for a leave absence... 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