CONSTRUCTION CONTRACTS 1

SHE Level 1
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code M1K222229
Module Leader Ian Trushell
School School of Computing, Engineering and Built Environment
Subject Construction and Surveying
Trimester
  • B (January start)

Summary of Content

Introduction to the nature of law and the Scottish legal system; the creation of legal obligations in contract; the statutory position of construction contracts; parties to construction contracts and introduction to standard forms; legal remedies in relation to breach of contract; duties of care in negligence and professional negligence.

Syllabus

1. Introduction to the Scots legal system; 2. Letters of intent, pre-contract procedures and tendering, suspensive conditions; 3. Formation of contract 4. Construction contracts 5. Parties concerned with construction contracts 6. Breach of contract 7. Self-help remedies for breach including retention, set-off and liquidate damages 8. Introduction to delict 9. Liability for defective buildings 10. Professional negligence 11. Professional negligence and construction professionals 12. Contemporary developments in case law and legislation

Learning Outcomes

On completion of this module the student should be able to:-Develop the skills of legal discussion and debate including practical application of standard form clauses including:1. An understanding of the system for upholding legal obligations related to construction law;2. Skills in analysis of legal precedent, statutory materials and standard contracts relevant to the construction industry;3. Skills in assessing legal decisions and commenting on them individually;4. Strategic, logical, rational and resourceful thinking in the approach to problem-solving activities;5. Theoretical learning to practical and discipline-oriented tasks;6. Effective use of knowledge and techniques in the discipline area;7. Critical thinking and problem-solving techniques.

Teaching / Learning Strategy

Lectures in traditional form will communicate core information, and supporting overhead materials will be made available for each lecture electronically. Seminars will concentrate on applying core information in lectures to problem questions given in advance. Students are referred to supporting reading materials to deepen their knowledge and understanding of lecture and seminar topics.

Indicative Reading

Web Sites: www.scotcourts.gov.uk www.macroberts.com www.scl.org.uk Westlaw GCULearn Other reading and web sites as indicated by lecturers and tutors from time to time Adriaanse, J Construction Contract Law, (3rd Ed.) 2010, Palgrave MacMillan Connolly, JP Construction Law, 1999, W Green Murdoch, Champion and Hughes, Construction Contracts, (5th Ed) 2015, Routledge Uff, J Construction Law, (11th Ed), 2013, Sweet and Maxwell MacQueen & Thomson Contract Law in Scotland, 2012, Bloomsbury Reference works: MacRoberts Scottish Building Contracts, (3rd Ed.), 2015, Wiley Publishing -4320 Keating on Construction Contracts, (9th Rev. Ed), 2015

Transferrable Skills

Analysis (D10) Comparative and evaluation skills (D2) Oral and communication skills (D14)

Module Structure

Activity Total Hours
Assessment (FT) 18.00
Seminars (FT) 12.00
Independent Learning (FT) 146.00
Lectures (FT) 24.00

Assessment Methods

Component Duration Weighting Threshold Description
Exam (Exams Office) 2.00 100.00 40% Multiple Choice Questions on Legal Systems & Obligations (worth 40%) plusTwo previously seen essay questions from four (worth 60%)