CEM206: Construction Contract Law

Module code: CEM206

Module provider: School of Construction Management and Engineering, School of Built Environment

Credits: 10

Level: Postgraduate Masters

When you'll be taught: Semester 1

Module convenor: Dr Ronan Champion, email: r.champion@reading.ac.uk

Pre-requisite module(s): This module is only available to flexible modular students who enrolled before January 2023. (Open)

Co-requisite module(s):

Pre-requisite or Co-requisite module(s):

Module(s) excluded:

Placement information: NA

Academic year: 2024/5

Available to visiting students: No

Talis reading list: Yes

Last updated: 11 November 2024

Overview

Module aims and purpose

The procurement of construction work takes place within specific legislative frameworks. Contracts result from agreements between businesses for all forms of consultancy and construction work, whether they are formally written or not. New developments in statutes, court cases and standard form contracting have a significant impact on the kinds of deals that take place in the construction industry. Also, new business processes promote new ways of working and collaborative business arrangements that require a deeper understanding of the way that business participants interact in the construction process. The construction industry is characterised by the way that each participant typically works for a different practice or firm, and they are all expected to work together, usually under the terms of business contracts (formal or informal) within the statutory framework that prevails. This module seeks to explain the statutory and contractual context of contracts in construction, in order that the students will be able to recognise and confront the kinds of problem that can get in the way of successful contract management. 

To understand and interpret contractual relationships in construction projects. Lessons from research and practice are used side-by-side with the teaching to provide robust explanations and help to develop a deep understanding of the consequences of how construction contracts are drafted, chosen and managed. 

Module learning outcomes

By the end of the module, it is expected that students will be able to:

1. Make informed decisions about risk apportionment, procurement methods, contract strategies and dispute resolution strategy
2. Explain the legislative context of contracts, and the impact that innovations and current policy development are having on construction procurement policy
3. Familiarise themselves with legal approaches to construction contracting, and will understand the diverse influences on contract policy and procurement

Module content

1. Principles of the law of contract and recent developments 
2. Relationship between procurement practice and contract law 
3. Developments in procurement policy 
4. Contract choice and procurement strategy 
5. Claims management 
6. Tort law in the construction context 
7. Civil liability for building defects 
8. Remedies for breach of contract 
9. Project security: Insurance 
10. Bonds and guarantees 
11. Arbitration and litigation 
12. Alternative dispute resolution 

Structure

Teaching and learning methods

A variety of teaching and learning methods including lectures, seminars, case studies and interactive in-class discussions will be used.  

Study hours

At least 24 hours of scheduled teaching and learning activities will be delivered in person, with the remaining hours for scheduled and self-scheduled teaching and learning activities delivered either in person or online. You will receive further details about how these hours will be delivered before the start of the module.

Please note the independent study hours above are notional numbers of hours; each student will approach studying in different ways. We would advise you to reflect on your learning and the number of hours you are allocating to these tasks.

Semester 1 The hours in this column may include hours during the Christmas holiday period.

Semester 2 The hours in this column may include hours during the Easter holiday period.

Summer The hours in this column will take place during the summer holidays and may be at the start and/or end of the module.

Assessment

Requirements for a pass

Students need to achieve an overall module mark of 50% to pass this module.

Summative assessment

Penalties for late submission of summative assessment

The below information applies toall full time and flexible modularstudents on taught PGT programmes in SBE

The Support Centres will apply the following penalties for work submitted late:

Assessments with numerical marks

• where the piece of work is submitted after the original deadline (or any formally agreed extension to the deadline): 10% of the total marks available for that piece of work will be deducted from the mark for each working day (or part thereof) following the deadline up to a total of three working days;
• the mark awarded due to the imposition of the penalty shall not fall below the threshold pass mark, namely 40% in the case of modules at Levels 4-6 (i.e. undergraduate modules for Parts 1-3) and 50% in the case of Level 7 modules offered as part of an Integrated Masters or taught postgraduate degree programme;
• where the piece of work is awarded a mark below the threshold pass mark prior to any penalty being imposed, and is submitted up to three working days after the original deadline (or any formally agreed extension to the deadline), no penalty shall be imposed;
• where the piece of work is submitted more than three working days after the original deadline (or any formally agreed extension to the deadline): a mark of zero will be recorded.

Assessments marked Pass/Fail

• where the piece of work is submitted within three working days of the deadline (or any formally agreed extension of the deadline): no penalty will be applied;
• where the piece of work is submitted more than three working days after the original deadline (or any formally agreed extension of the deadline): a grade of Fail will be awarded.

The University policy statement on penalties for late submission can be found at: /cqsd/-/media/project/functions/cqsd/documents/qap/penaltiesforlatesubmission.pdf

You are strongly advised to ensure that coursework is submitted by the relevant deadline. You should note that it is advisable to submit work in an unfinished state rather than to fail to submit any work.

Formative assessment

Formative assessment is any task or activity which creates feedback (or feedforward) for you about your learning, but which does not contribute towards your overall module mark.

Reassessment

Additional costs