School of Professional Education and Executive Development

SEHS3281 Construction Contract Law

Semester 1, 2021/22

Tentative Teaching Plan

Subject Leader

Dr. Sandy Tang (Office: Room HHB-805b, Tel.: 3746 0013, email: sandy.tang@cpce-polyu.edu.hk)

Subject Lecturers

Dr. Sandy Tang

Office: Room HHB-805b, Tel.: 3746 0013, Email: sandy.tang@cpce-polyu.edu.hk
Consultation Hours: 3:00 - 6:00 Monday

Prior knowledge
Nil

Objectives

This subject aims to introduce aspects of law that have particular relevance to construction contracts. It provides a practical knowledge of
modern development in construction contract law and application of laws and procedures relating to construction contracts and their
administration.

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Subject Intended Learning Outcomes

Upon completion of this subject, students will be able to:

a. Relate and apply the legal principles and modern development of contract law to construction contract administration.
b. Familiarize and review the features of some common local and international standard of forms of construction contracts.
c. Analyze the contractual issues and evaluate the contractual position of different parties in various contractual situations.
d. Communicate effectively with legitimate reasoning.
e. Develop the ability to engage in life-long learning on construction contract law.

Programme Intended Learning Outcomes

This subject contributes to the respective Programme Intended Learning Outcomes in the following way:

(1) Students of BSc(Hons) in Surveying

P-ILO-1 P-ILO-2 P-ILO-3 P-ILO-4 P-ILO-5 P-ILO-6 P-ILO-7 P-ILO-8

to to to to to advise to identify, to analyse to formulate
comprehend comprehend comprehend comprehend clients formulate and interpret and
and identify and identify and identify and identify through and solve data of the implement
issue and issue and issue and issues and rendering problems industry strategies,
problems problems problems problems surveying related to the policies and
concerning concerning concerning concerning services surveying solutions for
land, land, land, land, profession sustainable
Subject Code Subject Title property and property and property and property and and real development
construction construction construction construction estate and
at project at corporate at industry at macro industry construction
level level level social-
economic
and political
level

SEHS3282 Construction Contract Law

R,A IA
and Adminstraiton

I: The learning leading to the particular outcome is introduced in that subject

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R: The learning leading to the particular outcome is reinforced in that subject
A: The learning leading to the particular outcome is assessed in that subject

Teaching and Learning Approach

Lectures and tutorials will be run throughout the semester period. The lectures and tutorials will not only disseminate the relevant knowledge
but also provide guidance for students to search materials for self-study. Tutorial projects will also be set requiring the student to evaluate and
apply the relevant law principles and deduce solution for the cases. The projects require students to analyze, critically appraise and resolve
administrative, organizational and managerial problems in the practice of construction contract administration.

Key topics will be set for groups of 4-5 students to carry out legal research and prepare for presentation and discussion in tutorial class. The
tutorial classes encourage peer group learning and provide an interactive learning environment to develop critically thinking and legal
reasoning.

Weekly Teaching Pattern

2 hours of lecture
1 hour of tutorial

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Tentative Teaching Schedule

Lecture Tutorial
Readings/
No Content/ Topics Readings/ Remarks No Content/ Topics
Remarks
Subject Introduction Lecture Notes & Briefing and group formation Lecture Notes and
1 Recommended 1 Recommended
Readings
Readings
Construction Contracts & Standard Ditto Tutorial / In-class exercise
2 2
Forms
Instruction, Variations & Certificates I Ditto Tutorial/ In-class exercise
3 3

General Holiday Tutorial /In-class exercise

4 4
Instruction, Variations & Ditto Presentation (Topic 1)
5 Certificates II 5

Sub-contract, Payment, Bond & Ditto General Holiday

6 Warranties 6
Time, Completion & Delay Ditto Presentation (Topic 2)
7 7

Insurance, Termination & Defect Ditto Presentation (Topic 3)

8 Lability 8
Review of Contract Administration in Ditto Presentation (Topic 4)
9 Practice 9
Quiz* Ditto Study week and tutorial
10 10

Modern Development in Contract Law Ditto Presentation (Topic 5)

11 11

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 12 Construction Claims Ditto Presentation (Topic 6)

13 Revision Q&A

Note:

*Quiz – Details to be confirmed

#Class arrangement for week 10 to be confirmed
Tutorial class refer to the schedule of the respective tutorial group.

Assessment Weighting

Continuous Assessment: 60%

Examination: 40%
100%

Attendance and Other Rules/ Regulations

It is important that students attend classes and study related activities regularly and punctually. Participation forms a critical part in the learning
process, contributing to the desired learning outcomes. Absence will affect study progress and students should not be absent without good
reason.

Some subjects offered by this programme are reimbursable under the Continuing Education Fund (CEF). To be eligible for CEF reimbursement
claims, students are required to fulfil the attendance requirement, in addition to other requirements as stipulated by the Office of CEF.

Lecture/ Tutorial Notes and Assignments

Students are required to download lecture/ tutorial notes and assignments from the e-Learning platform.

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Textbook and Reference

Aqua Group, (1996) Contract Administration for the Building Team, 8th Ed. Oxford: Blackwell Science.

Chappell, D. (2012), Understanding JCT Standard Building Contracts, 9th Ed., Routledge.

Chappell, D. (2011) Building Contract Claims, 5th Ed. Wiley-Blackwell Science.

Hughes, W., Champion R., Murdoch J., (2015) Construction Contracts: Law and Management, 5rd Ed., Taylor and Francis.

Thomas, R.W., Wright M., (2016), Construction Contract Claims, 4th Ed., Palgrave Macmillan, U.K.

Cheng, T. Y.W., Soo, G., (2013) Construction Law and Practice in Hong Kong, Sweet & Maxwell/Thomson Reuter.

Uff, J. (2005) Construction law: law and practice relating to the construction industry, 9th Ed. Sweet & Maxwell, UK.

Furst, S. (2001), “Keating on Building Contracts”, 7th Ed., Sweet & Maxwell, London.

3.2 References

Powell-Smith, V. (2012) Powell-Smith & Furmston’s Building Contract Casebook, Wiley-Blackwell.

Hudson, A. A., Wallace, I. N. D., (1995), “Hudson’s Building & Engineering Contracts: including the duties and liabilities of architects,
engineers and surveyors”, 11th Ed, London : Sweet & Maxwell.

Ramus, J.W (1996) Contract Practice for Quantity Surveyors. 3rd ed., Oxford: Heinemann Newnes.

Latham, M. (1994), “Constructing the Team”, HMSO.

Ashworth, A., Hogg K., Higgs, C., (2013) Willis’s Practice and Procedure for the Quantity Surveyor, 13th Ed. John Wiley & Sons Inc.

The Reading List and References are indicative. Relevant reading materials will be suggested and assigned from time-to-time when they
are deemed appropriate.

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The Reading List and References are indicative. Relevant reading materials will be suggested and assigned from time-to-time when they
are deemed appropriate.

Plagiarism

You are strongly advised to pay attention to the rules and guidance notes regarding plagiarism, how sources should be referred to, and
bibliography referencing as stipulated in the Student Handbook.

The College/ School may take disciplinary actions against students when there is evidence of collusion between individuals. The work of
others which is included in the assignment must be attributed to its source (a full bibliography and a list of references must be submitted).
Failure to observe such requirements may lead to serious consequences for your study in this subject and your registration at the College/
School. Please refer to the Section “Penalties for Offences” in the Student Handbook for details.

You are also strongly advised to review the hot tips about plagiarism and how to avoid it with reference to the following document:
http://www.polyu.edu.hk/ogur/academic_integrity/Plagiarism_Booklet.pdf.

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