Outline

Overview

The objectives of this unit are to give students a fundamental knowledge of the legal system and contract terms under which projects are generally conducted. Initially, emphasis will be on contract negotiations and understanding what negotiation is about and how to prepare for negotiations and also how to manage the negotiation so that a suitable outcome for both parties may be achieved. Also being able to deal with difficult opponents will be something that will be considered. Emphasis will be on the principles of contract formulation, administration and finalisation, including prevention and/or settlement of disputes in projects. The syllabus comprises brief overview of the legal system in Australia and comparison with other legal systems introduction to project delivery systems and the running of a typical project, introduction to contract law and the formation of contracts, the principles of standard form contracts as well as bespoke drafting, an understanding of the risks undertaken by the different contracting parties, a detailed review of a standard contract promoting an understanding of major project issues such as time, variations and payment; implementation and administration; potential liabilities associated with project participation; contract conditions and specifications; understanding insurances and alternate dispute resolution procedures; notification requirements including time bar, understanding the commercial significance of issues such as latent conditions, subcontracting, bank guarantees and security of payment legislation.

Unit details and rules

Academic unit	Civil Engineering
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	CIVL3813 OR ENGG3854
Assumed knowledge ?	CIVL3805. Students are expected to have grasped the concepts of basic legal and management principles and the understanding of construction and engineering terminologies. As there are no any prerequisite courses for this UoS, without prior knowledge student can perform exceptionally well with regular attendance and participation in course activities.
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Faham Tahmasebinia, faham.tahmasebinia@sydney.edu.au
Lecturer(s)	Natalie Perisa, natalie.perisa@sydney.edu.au

Type	Description	Weight	Due	Length
Final exam (Take-home short release)	Final exam Take - home short release	50%	Formal exam period	3 hours
Outcomes assessed:
Online task	Tutorials	10%	Week 06	n/a
Outcomes assessed:
Online task	Mid-semester Quiz Multiple-choice questions, short-answer	15%	Week 09	~40 mins
Outcomes assessed:
Assignment	Assignment Written responses to scenarios	25%	Week 11	Maximum 2500 words
Outcomes assessed:
= group assignment ? = Type D final exam ?

Assessment summary

Participation: responses to discussion board questions
Assignment: scenario-based responses
Mid-Sem quiz: quiz based on the first half of the semester content.
Final Exam: Combined multiple-choice, and long form problem questions testing subjects taught throughout the semester.

Detailed information for each assessment can be found on Canvas.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100
Distinction	75 - 84
Credit	65 - 74
Pass	50 - 64
Fail	0 - 49	When you don’t meet the learning outcomes of the unit to a satisfactory standard.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Weekly schedule

WK	Topic	Learning activity
Week -01	Contracts: Introduction to contracts	Lecture and tutorial (4 hr)
Week -02	1. Intention; 2. Capacity to contract; 2. Invitation to tender; 3. Offers versus invitation to treat	Lecture and tutorial (4 hr)
Week -03	Contractual Offers, what does this mean?	Lecture and tutorial (4 hr)
Week 04	Contractual acceptance as compared to offers	Lecture and tutorial (4 hr)
Week 05	1. Consideration; 2. Implied terms	Lecture and tutorial (4 hr)
Week 06	1. Exclusion clauses; 2. Variations; 3. Extension of time	Lecture and tutorial (4 hr)
Week 07	Misrepresentation, mistake, unconscionable conduct	Lecture and tutorial (4 hr)
Week 08	1. Discharge; 2. Negligence	Lecture and tutorial (4 hr)
Week 09	1. Dispute resolution; 2. Mediation; 3. Arbitration; 4. Expert Determination; 5. Litigation	Lecture and tutorial (4 hr)
Week 10	1. Discussion on negotiations, principled and modern; 2. What is it? Why is it important?	Lecture and tutorial (4 hr)
Week 11	Negotiations: Positional bargaining, alternative to positional bargaining	Lecture and tutorial (4 hr)
Week 12	Negotiations: Inventing Options for Mutual Gain, looking at objective criteria, emotional Intelligence	Lecture and tutorial (4 hr)
Week 13	Negotiations: Body language, negotiating globally, dealing with difficult people, negotiating etiquette	Lecture and tutorial (4 hr)

Attendance and class requirements

Tutorials: Students will be given case studies to work through problems to reinforce the fundamentals of each weekly subject.

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit can be accessed through the Library eReserve, available on Canvas.

Bailey, I, Bell, M, Understanding Australian Construction Contracts (First). Thomson Reuters, 2008. 343.94078624.

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. identify the requirements for the formation of valid contracts
LO2. understand how contract clauses deal with major issues such as time, claims, variations, and payment
LO3. identify issues which may give rise to disputes, and appreciate how to minimise and manage disputes
LO4. read and understand the basic requirements of an engineering or construction contract, including the rights and obligations of each party, the order of precedence of contract documents, and time restrictions
LO5. develop a working knowledge of the appropriate documentation required when administering contracts, giving/receiving notices, claims, and applications for variations/extensions of time/payment
LO6. communicate effectively, clearly, and concisely a contractual position to the relevant audience
LO7. recognise the importance of effective communication in a dispute forum, including principled negotiation.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

More flexible student experiences have been included.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

CIVL4813: Contracts Formulation and Management

Semester 2, 2021 [Normal day] - Remote

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect