Professional Documents
Culture Documents
Postgraduate Diploma/Masters in
International
Construction Law
by distance learning
Course Director
Key Contributors
Jane Davies Evans
Barrister, FCA, FCIArb, FDBF
CROWN OFFICE CHAMBERS
Dr Jim Mason
Solicitor and Course Director
UNIVERSITY OF THE WEST OF
ENGLAND
Accredited by:
Thomas Appleby
Solicitor and Senior Lecturer
UNIVERSITY OF THE WEST OF ENGLAND
Peter Chapman
Barrister, Arbitrator, Adjudicator
SOMERSBY HOUSE CHAMBERS
Dr Jan-Bertram Hillig
Solicitor in England and Germany
BOERGERS LAW FIRM, Berlin
Dr David Aldridge
Engineer and Expert in Delay Analysis /
Project Management, and Executive Director
ACUTUS
Course Content
Module 1 Introduction to Law and
Construction Technology
Module 2 Construction Contract Law
Postgraduate Diploma/Masters in
International
Construction Law
Dear Applicant,
Welcome to the postgraduate course in International Construction Law by online
distance learning. This distance learning course builds on the teaching and
research interests of members of the Faculty of Environment and Technology. It
is designed to meet the needs of both lawyers and non-legal professionals
and for all those with an interest in international construction law. The course
focuses on the main forms of construction contract including JCT, NEC and FIDIC
standard forms.
This is a unique distance learning course aimed at a high level which will allow
you to develop specialist knowledge in particular areas of construction law
relevant to your employment or your business. Although the course involves the
academic study of construction law, it also features a very important practical
dimension as evidenced by case studies in a number of the modules, and
we are delighted to include input in the course from a number of high profile
construction law practitioners. It is therefore suitable for practising lawyers in
the built environment generally. The course will also be suitable for construction
industry professionals, and for those who are responsible for representing the
interests of the various stakeholders in the industry.
I am confident that this course will equip you with a level of knowledge and skills
that will ultimately benefit you and your employer. I look forward to receiving
your application.
Arbitrators
Barristers
General counsel
In-house legal advisers
Lawyers in private practice
Solicitors
Construction professionals:
Architects
Building surveyors
Business development professionals
Commercial directors
Construction professionals
Contracts managers
Engineers
Planning managers
Procurement and purchasing officers
Project managers
Quantity surveyors
Risk managers
Royal Boskalis
Westminster
RWE
S.C. Hall Associates
SJ Berwin
Se-Austria
Thirty Nine Essex
Street
Pinsent Masons
Salalah Port Services
A&L Goodbody
Addleshaw Goddard
Al-Elm Information
Security
Blake Lapthorn
Dar Al Handasah
Nestor Nestor
Diculescu Kingston
NSCC International
Parsons International
Fichtner
Folcra Beach Industrial
Fusion for Energy
Holst Advokater
Iberdrola Ingenieria y
Construccion
Inprocon
Jacobsson
Construction and
Management
Keating Chambers
Advokatfirman
Lindahl
Construction
Management Guide
Keystone Law
Landsvirkjun
Corbett & Co
International
EFLA Consulting
Engineers
ERIANGO Group
Liberty Chambers
Mattos Filho Veiga
Filho Marrey
Castren & Snellman
Attorneys
Chiyoda Corporation
Cleaver Fulton Rankin
Construction Lawyers
WTE Wassertechnik
Yara Belgium
McCullough
Robertson
MDA Consulting
Msheireb Properties
Pinheiro Guimaraes
Advogados
Sarawak Energy
Cliffe Dekker
Hofmeyer
EDF
Sewerage Board of
Limassol Amathus
SGI Studio Galli
Ingegneria
SK Engineering &
Construction
Squire Sanders (UK)
Statnett
The Municipality of
Abu Dhabi City
University of South
Wales
Van Oord Dredging &
Marine
Voith Hydro
Accredited by:
The Course
Syllabus
Module One:
Introduction to Law and
Construction Technology
1) Law
A grounding in the background law needed to fully
appreciate the legal landscape in which construction
law operates. This involves a consideration of:
Common Law Jurisdictions
Civil Law Jurisdictions
The English Legal System
The Law of Contract
The Law of Tort
Professional Negligence
The Law of Property
2) Construction Terminology/Technology
A general understanding of how projects are
built. Construction lawyers can often find
themselves baffled by the terminology and
technology involved in construction.
Building Purpose and Performance
Construction Variables
The Resource Base
Defining Conditions
The Analysis of Physical Behaviour
Manufacture and Assembly
Sustainability
Module Two:
Construction Contract Law
Unit 1 Introduction
Historical Background, International Context and
General Principles
Roles and Responsibilities of the Parties
Procurement and Contract Choice - What Does the
Client Want?
Unit 2 Contracts: Risk
Standard Forms of Contracts Compared and
Contrasted: JCT, NEC, FIDIC
Risk Allocation and Legal Risk Management
The Case for Amendments
Unit 3 Construction Contracts 1
Design Responsibility
Collateral Warranties and Novation of Professionals
Obligations Under Tort
Periods of Limitation
Unit 4 Construction Contracts 2
Recent Developments in Standard Form
Contracting
Partnering Type Initiatives
Global Patterns of Contract Use
Module Three:
Real Estate Law
Unit 5 Introduction
The Importance of Real Estate Law
Sources of Real Estate Law
Property Law in Context
Unit 6 Property Law and Contracts
The Relevance of Contract Law
Examples of Property Contracts
International Practice around Property Contracts
Unit 7 Leases
Leases and Landlord and Tenant Obligations
Commercial Leases
Joint Venture PPP/PFI Arrangements
Module Four:
International Dispute Resolution
Unit 9 ADR and Mediation
Introduction to International Commercial Disputes
International Mediation - Its Uses and Application
The Promotion of Alternative Dispute Resolution
The Challenges of Enforcement
Unit 10 Litigation
International Commercial Litigation
Jurisdictional Regimes and Legal Traditions
Jurisdiction within the European Union
Contractual Clauses and Jurisdiction
Unit 11 Arbitration
International Commercial Arbitration
Arbitration under JCT, NEC and FIDIC Contracts
UNICTRAL
Enforcement and the New York Convention
International Bodies and Their Relative Merits
Unit 12 Dispute Review Boards
Dispute Review Boards
History and Use of DRBs
Dispute Adjudication Boards Compared and
Contrasted
Case Studies and Discussion around Merits and
Demerits
Module Five:
Environmental and Sustainability Law
Unit 13 Construction Law Frameworks
Theoretical Basis of Environmental Law
Overview and Categorisation of Legal Interfaces
Development of International Laws
Unit 14 Liability and Remedy
Development of the Common Law
Liability for Infringement
Remedies, Penalties and Enforcement
Civil Remedies Criminal Remedies
Unit 15 International Construction Law
Development of European Regulation
General Overview of the Wider International
Context
The Built Environment and the Challenges Faced
Unit 16 UK Construction Law
Regulation in England and Wales
Recent Developments and Patterns
The Future of Environmental Regulation in the
Built Environment
Module Six:
Construction Procurement
Unit 17 Procurement
Introduction to Procurement and its Contexts
Procuring Complex Projects
Procurement in the Narrow and Wider Senses
Whole Life Uses of Buildings and Procurement
Unit 18 Project Modelling
Building Information Modelling and Procurement
Government Best Practice and Construction
Strategy in the United Kingdom
Building Information Modelling and the Legal
Challenges
Module Seven:
Advanced Construction Law
Unit 21 Multi-Party Arrangements
The Wider Contractual Network with a Typical
Construction Project
Bonds and Insurances in the United Kingdom and
International Standards
Insurances and Liabilities to Third Parties
Multi Party Agreements
Unit 22 Professional Development
Defining the Role of the Project Manager
The Consolidation of the New Profession
Professional Appointments and Standard Forms
The Performance of Management Based Approach
to Contract Administration
Unit 23 Loss & Liability
Consequential Loss and Attempts to Limit Liability
A Review of Case Law on Limitation Clauses
The Unfair Contract Terms Act 1977
European Regulation and Promotion of Best
Practice
Unit 24 Claims and Entitlements
The Nature of Claims within the Construction and
Engineering Industries
The Exportation of the Claims Culture
The Formulation of Claims and their Presentation
Causation in Construction Contracts
Module Eight:
Consolidating Theory and Practice
This module draws on your reflection from the
seven core modules and is assessed through an
electronic portfolio that showcases your reflections
and achievements.
Reflecting on your experiences through the course
is something everyone generally engages in. The
intention is for you to engage with this process in
an overt and conscious manner. Through reflection
you will:
- Scrutinise your performance
Key Course
Information
How is the course structured?
The distance learning Postgraduate Diploma in International
Construction Law consists of eight modules and is split into three
terms. The modules will be delivered according to the following
pattern:
Term 1: 21st September 2015 - 11th December 2015
Module 1 - Introduction to Law and Construction Technology
Module 2 - Construction Contract Law
Module 3 - Real Estate Law
Term 2: 24th January 2016 - 18th March 2016
Module 4 - International Dispute Resolution
Module 5 - Environmental and Sustainability Law
Module 6 - Construction Procurement
Term 3: 4th April 2016 - 17th June 2016
Module 7 - Advanced Construction Law
Module 8 - Consolidating Theory and Practice
The electronic portfolio submission due at the end of June 2016 is
the final submission of coursework.
Along with video recorded lectures, students will have the option
to attend webinar workshops delivered live online via Blackboard
Collaborate. This comprehensive learning platform provides an
ideal way to help you engage with the course content, your tutor
and fellow students. These webinars can alternatively be viewed as
recordings by those living in prohibitively different time zones.
In addition to access to recorded lectures and live webinar
workshops, through the virtual learning platform you will be
able to:
Make video contact with your tutor
Participate in discussion groups
Access the UWE Bristol library and other resources
Get study and technical support
Submit coursework
Contact other students
Postgraduate Diploma/Masters in
International
Construction Law
Learning and teaching
The course involves both extensive independent research and
discussion in the context of workshops designed to encourage the
development of critical analytical and reflective skills. You will be
expected to prepare for each workshop and to participate actively in
discussion with your tutors and peers to maximise your experience
on the course.
To help you make a more informed choice about your career in the
construction industry, we have formed a unique partnership with a
group of leading employers in the industry. Partners include:
Turner &
Interserve
Atkins
Townsend
Rider Levett
Midas
Bucknall
Arup
Laing ORourke
BAM
ISG
Mace
Construction
Construction
Balfour Beatty
Sweett Group
Davis Langdon
Bouygues
EC Harris Built
Kendall
Willmott Dixon
Asset Consultancy
Kingscott
Group
Visit: www.informadl.com/construction
Frequently Asked
Questions
How do I apply for a place on the course?
Students interested in joining the course should complete the application form for
admission as a postgraduate student attached to this brochure and send it to:
Richard Morgan, Head of Logistics at Informa Professional Academy (IIR
Ltd.), 4th Floor, Maple House, 149 Tottenham Court Road, London, W1T
7AD, UK Tel: +44 (0)20 7017 4752 together with copies of supporting
documents (see below) or email your application and supporting
documents to: richard.morgan@informa.com
Alternatively you can apply online at: www.informadl.com/construction
The required supporting documents to send with your application are as follows:
Your academic qualifications (transcripts and certificates)
Your English language qualifications
Evidence of any other training you have undertaken (including professional
qualifications)
A personal statement outlining why you wish to study this course
Two references
Disclaimer
This course is designed and delivered in a format that requires the student to
study independently. The length of time needed to study a module will vary with
your experience and the complexity of the module being studied. It is anticipated
that each module typically equates to 60 hours of study, comprising 50% direct
learning and 50% on pre-reading and consolidation. Each module will contain
the teaching input of the equivalent of one day per week. At the end of the
teaching period for each module, students will have four weeks in which to
submit the assessment.
All applications are subject to acceptance by UWE Bristol and are subject to the
full terms and conditions of the course which are available at www.informadl.
com/construction. The University of the West of England and Informa reserve
the right to reject any application from any potential student.
It may be necessary for reasons beyond the control of informa and UWE Bristol
to alter the line-up of authors, modules or course content. However, every effort
will be made to adhere to the published syllabus.
This course will run subject to reaching a satisfactory intake to the course.
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course terms and conditions can be found on the FAQ section of the course website: www.informadl.com/construction
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For more information call +44 (0)20 7017 6691 or visit www.informadl.com/construction