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Module Title
Advanced Construction Law

Keywords

ReferenceBSM576
SCQF LevelSCQF 11
SCQF Points15
ECTS Points7.5
CreatedSeptember 2005
ApprovedSeptember 2005
Amended
Revision No.1
Prerequisites for Module

None in addition to SCQF 11 entry qualifications or equivalent.

Corequisite Modules

None.

Precluded Modules

None.

Aims of Module

To develop in students a knowledge and understanding of: (A) health and safety issues and regulations in the construction industry, (B) the employer’s payment obligation in the construction context (including quantum meruit), (C) the liability of a builder in negligence and the use of collateral warranties in the construction industry, and (D) insurance and indemnity in the construction industry.

Learning Outcomes for Module

On completion of this module, students are expected to be able to:

1. Appraise and discuss health and safety issues and regulations in the construction industry.
2. Recognise, analyse and discuss the employer’s payment obligation in the construction context (including quantum meruit).
3. Recognise, analyse and discuss the builder’s liability in negligence and justify reasons for the use of collateral warranties in the construction industry.
4. Explain the use of insurance and indemnity in the construction industry.

Indicative Module Content

Operation and application of the Construction (Design and Management) Regulations 1994 and other relevant health and safety legislation and regulations; the obligation of an employer under a construction contract to pay the contractor for work carried out, (including quantum meruit); the law of tort (or delict) so far as bearing upon builder’s liability in negligence; the legal basis for the use of collateral warranties in the construction industry and practical issues surrounding their use; the legal basis of, and practical issues surrounding, insurance and indemnity in the construction industry.



Indicative Student Workload

Contact Hours

Part TimeDistance Learning
Lectures/Seminars and Assessment
4545

Directed Study

  

7575

Private Study

  

3030

Mode of Delivery

This course is based on lecture notes and other learning materials and problem exercises available on the RGU virtual campus/RGU network/face-to-face classes.

Assessment Plan

Learning Outcomes Assessed
Coursework 1,2,3,4

1 Coursework exercise comprising legal problem and essay question

Indicative Bibliography

1.JAMES, M.F., 2002. Construction Law: Liability for the Construction of Defective Buildings 2nd ed. Palgrave Macmillan.
2.HEALTH AND SAFETY COMMISSION, 2000. Construction (Design and Management) Regulations 1994 as amended by the Management of Health and Safety at Work Regulations 1999 and the Construction (Design and Management) (Amendment) Regulations.
3.HEALTH AND SAFETY COMMISSION, 2007. Managing health and safety in construction : Construction (Design and Management) Regulations 2007 : approved code of practice. Sudbury: HSE.
4.MACROBERTS SOLICITORS, 2008. MacRoberts on Scottish Building Contracts. 2nd ed. Oxford: Blackwell Science Limited.
5.UFF, J., 2009. Construction Law. 10th ed. London: Sweet & Maxwell.


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