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Module Title
Construction Adjudication Law

Keywords
Dispute resolution; statutory adjudication; construction law; construction contracts; expert determination; arbitration; contractual adjudication.

ReferenceBSM651
SCQF LevelSCQF 11
SCQF Points15
ECTS Points7.5
CreatedMarch 2010
ApprovedJuly 2010
AmendedAugust 2011
Revision No.2
Prerequisites for Module

None in addition to course entry qualifications or equivalent.

Corequisite Modules

None.

Precluded Modules

None.

Aims of Module

To enable students to obtain knowledge and understanding of: (A) dispute resolution processes in the construction industry and the background to the introduction of statutory adjudication; (B) the role of statutory adjudication in the construction context under the Housing Grants, Construction and Regeneration Act 1996 (and secondary legislation); (C) the relationship between statutory adjudication and the employer’s payment obligation under a construction contract; (D) the nature of statutory adjudication as a compromise between expert determination and conventional arbitration; and (E) contractual adjudication.

Learning Outcomes for Module

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

1. Justify the role of statutory adjudication in construction under the Housing Grants, Construction and Regeneration Act 1996 (and secondary legislation).
2. Evaluate and discuss the nature of statutory adjudication as a compromise between expert determination and conventional arbitration.
3. Evaluate and discuss the nature of contractual adjudication.

Indicative Module Content

Dispute resolution processes in the construction industry; the background to the introduction of statutory adjudication; the role of statutory adjudication in the construction context under the Housing Grants, Construction and Regeneration Act 1996; the relationship between statutory adjudication and the employer’s contractual payment obligation; the nature of statutory adjudication as a compromise between expert determination and conventional arbitration; contractual adjudication.

Indicative Student Workload

Contact Hours

Part TimeDistance Learning
Lectures/Seminars
3636

Directed Study

  
Directed Study
8080

Private Study

  
Private Study
3434

Mode of Delivery

This course will be taught via online lecture notes, online tutorials, assigned reading, case studies and directed reading/research.

Assessment Plan

Learning Outcomes Assessed
Component 1 1,2,3

Component 1 - a coursework assignment comprising a legal problem question and an essay question covering all learning outcomes.

Indicative Bibliography

1.COULSON, P.,2007. Construction Adjudication. Oxford: Oxford University Press.
2.LATHAM, M., 1994. Constructing the Team: Final Report of the Government/Industry Review of Procurement and Contractual Arrangements in the UK Construction Industry. London: HMSO.
3.MILLS, R., 2005. Case in Point – Construction Adjudication. London:RICS Books.


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