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Overview

Course Prescription

Theoretical concepts in engineering commercial contracts, how those concepts apply to the work environment and manifest in the contracts in use in the project environment. Students will study relevant case law, NZS3910, NEC3 and FIDIC.

Course Overview

This course builds on the students understanding of commercial issues around projects and familiarises them with aspects of the various standard contracts in use for the delivery of projects. It explains the legal concepts related to contracts and how those concepts apply to the project environment throughout the contract lifecycle from procurement to completion. On successful completion of this course students will understand:

  • Contract types, including Traditional, Design and Build, Partnering, Alliancing, etc., and their suitability to achieve the desired outcomes. Risks associated with a range of contract types. 
  • The main principles, philosophies, actors / roles, clauses and options of NZS3910:2013, NEC and FIDIC; the differences between the contracts and their suitability for a range of environments. 
  • Project issues, claims and risk allocation including the legal framework within which projects are set, and around liquidated damages, extension of time claims, completion and other milestones. 
  • The litigation examples and selected applicable case law and their implications on the approaches used in project work today. 
  • The role of the consultant in projects and the legal implications arising for the professional project manager acting as a client’s agent / contract administrator; effective management of public and professional liability. 
  • Relationship based contracting; Alliances and how these work contractually. 
  • Forms of contract for Public Private Partnerships or Private Finance Initiatives. 
  • The obligations under the Health and Safety at Work Act in New Zealand for themselves, their project teams and their stakeholders. 


In addition, there is time allocated at the end of most lectures for a tutorial, which is participatory workshop in which students are expected to contribute to case studies and actively participate in the application of theories to problems and workshop scenarios. The course delivery adopts a flexible learning approach in which materials are delivered via a mix of face-to-face and online methods. Students are expected to undertake considerable additional work per week reading and completing assignments. Note that one of the major assignments is team-based and as such students are expected to make time to meet with their team members. 

Workload Expectations

This course is a standard 15 point course and students are expected to spend 10 hours per week involved in each 15 point course that they are enrolled in.

For this course, you can expect approximately 24 hours of lectures, 6 hours of tutorials, 30 hours of reading and thinking about the content, and 90 hours of work on assignments and/or test preparation.

Course Prerequisites, Corequisites and Restrictions

Restriction

Locations and Semesters Offered

LocationSemester
Auckland Online
City

Teaching and Learning

Campus Experience

Attendance is expected at scheduled activities including tutorials to complete components of the course.
Lectures will be available as recordings. Other learning activities including tutorials will be available as recordings.
The course will not include live online events including tutorials.
Attendance on campus is required for tests and students presentations.
The activities for the course are scheduled as a standard weekly timetable.

Learning Resources

Taught courses use a learning and collaboration tool called Canvas to provide students with learning materials including reading lists and lecture recordings (where available). Please remember that the recording of any class on a personal device requires the permission of the instructor.

Additional Information on Learning Resources

There are no prescribed texts. Students may find a number of texts that cover the course material well, and should refer to several where possible. The following texts are suggested:

  • Kennedy-Grant, T., and Weatherall, M., (2016): Construction Contracts and Dispute Resolution (Lexis Nexis, Wellington, 2016) 
  • Conditions of Contract for Building and Civil Engineering Construction, NZS3910, 2013 
  • New Engineering Contract (NEC) suite of contracts, (edition 3 or 4) 
  • FIDIC Construction Contract 2nd Edition (Red Book) 
Lecture slides and lecture voice recordings are available on Canvas.

Copyright

The content and delivery of content in this course are protected by copyright. Material belonging to others may have been used in this course and copied by and solely for the educational purposes of the University under license.


You may copy the course content for the purposes of private study or research, but you may not upload onto any third-party site, make a further copy or sell, alter or further reproduce or distribute any part of the course content to another person.

Health and Safety

Students are expected to adhere to the guidelines outlined in the Health and Safety section of the Engineering Undergraduate Handbook.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Other Information

Restricted to postgraduate students only.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.

Similarly, research students must meet the University’s expectations of good research practice. This requires:

  • Honesty - in all aspects of research work
  • Accountability - in the conduct of research
  • Professional courtesy and fairness – in working with others
  • Good stewardship – on behalf of others
  • Transparency – of research process and presentation of results
  • Clarity - communication to be understandable, explainable and accessible

For more information on the University’s expectations of academic integrity, please see the Academic Conduct section of the University policy hub.

Disclaimer

Elements of this outline may be subject to change. The latest information about taught courses is made available to enrolled students in Canvas.

Students may be asked to submit assessments digitally. The University reserves the right to conduct scheduled tests and examinations online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.


Assessment and Learning Outcomes

Additional Information on Assessment

A passing mark is 50% or higher, according to University policy

Late submissions will not be accepted/allowed for the exam, tests, and online quizzes. It is possible to submit late for the assignments and projects, and the late submission penalty schedule will be included on Canvas under Modules.

Course Learning Outcomes

CLO #OutcomeProgramme Capability Link
1
2
3
4

Assessments

Assessment TypeAssessment PercentageAssessment Classification

Assessment to CLO Mapping

Assessment Type1234

Student Feedback, Support and Charter

Student Feedback

Feedback on taught courses is gathered from students at the end of each semester through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions. Your feedback helps teachers to improve the course and its delivery for future students. In addition, class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Additional Information on Student Feedback

Based on feedback from last year, tutorials will include structured engagement opportunities for students to add to the class discussions.

Class representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Tuākana

Tuākana is a multi-faceted programme for Māori and Pacific students providing topic specific tutorials, one-on-one sessions, test and exam preparation and more. Explore your options at Tuakana Learning Communities.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course coordinator, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website.

Wellbeing

We all go through tough times during the semester, or see our friends struggling. There is lots of help out there - please see the Support Services page for information on support services in the University and the wider community.

Special Circumstances

If your ability to complete assessed work is affected by illness or other personal circumstances outside of your control, contact a member of teaching staff as soon as possible before the assessment is due. If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page. This should be done as soon as possible and no later than seven days after the affected test or exam date.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter.

Student Academic Complaints and Disputes

Students with concerns about teaching including how a course is delivered, the resources provided, or supervision arrangements, have the right to express their concerns and seek resolution. The university encourages informal resolution where possible, as this is quicker and less stressful. For information on the informal and formal complaints processes, please refer to the Student Academic Complaints Statute in the Student Policies and Guidelines section of the Policy Hub.