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

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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

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10. Termination And Claims

 Termination
 Common Heads of Claim
 Mitigation of Loss