Construction Law
With Assoc Prof Christopher Chuah and Assoc Prof Ian de Vaz
Short Description
The objective of this course is to introduce students to the legal principles that form the
foundation of construction law and to the common practical problems that arise in this
field. Topics will include: (a) general principles of construction law, including
completion, variations, defects, retention and certification; (b) basic provisions of
construction contracts; (c) claims procedure & dispute resolution, including adjudication
proceedings; and (d) relevant provisions of standard form building contracts. This course
will be of interest to students interested in construction practice or being exposed to a
practical approach to resolving construction-related issues that arise in the local industry.
Topics to be covered
1. Introduction To Construction Law
Overview
The Parties
Contractual Arrangements
The Construction Contract
Standard Forms
Dispute Resolution
2. Time
Completion
Time for Completion
Extension of Time
Liquidated Damages
Maintenance Following Completion
Final Certificate
3. Payment I
The Right to Payment
The Amount to be Paid
Lump Sum Contract
Measurement Contract
Claims for payment outside of contract
Valuation
1
4. Payment II
Certification
Retention Sums
Set-off
5. Payment III
Overview of the SOP Act
Application of SOP Act
Procedure for Claims under SOP Act
Adjudication under the SOP Act
Application of the SOP Act to Sub-Contracts
6. Variations
Nature of and necessity for variations
Variations pursuant to contractual provisions
The role of the Architect
Variation of sub-contractors' works by employers
Variations in absence of contractual provisions
Valuation of Variations
Payment for Variations
7. Employer, Contractor And Sub-Contractors
Employer
Main Contractor
Sub-Contractors
Assignment or Novation
8. The Professional Team
Responsibility of the Professional Team
Architect’s Relationship with Employer and Main Contractor
Relationship with Third Parties - Tortious Relationship with Management
Corporation (“MC”)
9. Performance Bonds And Insolvency
Performance Bonds
Insolvency
2
10. Termination And Claims
Termination
Common Heads of Claim
Mitigation of Loss