UNIVERSITY OF DUBLIN, TRINITY COLLEGE Graduate School of Professional Engineering Studies Department of Civil, Structural & Environmental Engineering

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1 UNIVERSITY OF DUBLIN, TRINITY COLLEGE Graduate School of Professional Engineering Studies Department of Civil, Structural & Environmental Engineering Postgraduate Diploma Course in Construction Law and Contract Administration Information for Students Postgraduate Diploma The course consists of two taught modules, worth 15 ECTS credits each, and coursework assignments worth 15 ECTS credits in total. The award of a Postgraduate Diploma in Construction Law and Contract Administration is based on a combination of the results of two examination papers and four coursework assignments. Each examination paper covers one module. Students must pass each paper and each coursework assignment. There is no system of compensation. The pass mark for the examinations and the coursework is 40%. A Distinction is awarded to those who obtain a mark of 70% or more in both coursework and the summer examinations. The Diploma awarding ceremony takes place in November. Examinations The annual examinations will be held on two Saturday mornings in May 2013, with supplemental examinations (if required) on a Friday in September. All students are required to sit the annual examinations in May, unless permission to defer is received from the Dean of Graduate Studies. Students who are ill or have other problems during the course or the examinations that may affect their performance should contact either the Course Director or Debbie Walsh or Mary Keating in the Graduate School of Professional Engineering Studies. The exact dates and venues of examinations will only be confirmed in February/March. Examination timetables will be posted on the College website at that time, and students will be notified by when they are available. You will need your College username and password to access the timetable. Coursework Attendance at, and participation in, three workshops is a very important part of the course, and is compulsory. The three workshop topics are Public Procurement, Construction Insurance, and Arbitration. Following the completion of each workshop, every student is required to write an individual report providing answers to certain questions posed in that workshop scenario. In addition to the workshops, a report relating to Conciliation will be assigned. The percentage that each piece of coursework is worth is as follows: 15% for Public Procurement, 30% for Construction Insurance, 45% for Arbitration, and 10% for Conciliation. Students will be required to submit their reports by a deadline to be set at the time of each assignment. Assignments must be submitted in hard copy, and should be posted to Debbie Walsh, Graduate School of Professional Engineering Studies, Museum Building, Trinity College, Dublin 2, or delivered by hand.

2 Submissions may not be made by . As noted in the College Regulations issued to students at registration, plagiarism of coursework is regarded as a major offence. Nael G. Bunni Medal The Nael G. Bunni medal is awarded each year to the person who obtains the highest average mark for the Coursework. Accreditation of the course The diploma is accepted by Engineers Ireland (EI) as fulfilling criterion no. 2 (Knowledge of Law and Contract Procedure) for admission to the EI list of conciliators. This diploma has also been approved by EI as meeting the requirements for continuing professional development. Trinity College Dublin is part of the Recognised Course Provider scheme of the Chartered Institute of Arbitrators (CIArb). Upon successful completion of the Postgraduate Diploma in Construction Law and Contract Administration, students are able to enter CIArb at MCIArb level exempting them from the Introduction course and Modules 1 and 2. Further details are available from the Course Director. College Website The main TCD website is When you register, you will be given a Username and Password, which will give you access to the Local TCD page, from which you can see past Examination Papers and Examination Timetables. If you lose or forget your username and/or password, you should contact the TCD ISServices Helpdesk ( or helpdesk@tcd.ie). College It is very important that students regularly check their TCD , because all official College notifications will be sent by to the TCD address only. You may use the forwarding function to redirect all College s to another address (such as your work .) The Graduate School of Professional Engineering Studies will send s to your personal address, if you give details to Debbie Walsh or Mary Keating. But you may miss important s from other parts of College if you do not check your Trinity regularly. Previous Examination Papers Copies of previous annual examination papers may be accessed from the Local Home page of the Trinity College website at: You will need your TCD Username and Password to gain access. Timetable The schedule of lectures should be as shown on the timetable, issued to you at the start of the academic year. Occasionally, changes have to be made because of unavoidable circumstances. If that happens, notification will be sent to all students at their College addresses, and personal addresses if these have been supplied to Debbie Walsh as described above.

3 Students should note that the academic year in TCD is made up of two twelve week semesters in the Michaelmas and Hilary terms. Lectures WILL be held on the October Bank Holiday weekend, but not on the weekends of St Patrick s Day or Easter. Copies of lecture notes are issued by the lecturers at each lecture. If you miss a lecture, it is your responsibility to get a copy of the lecture notes you missed from a colleague on the course. You should not contact the Graduate School for a copy as we do not keep copies of all the lecture notes. Venues for Lectures and Workshops All lectures (including the Introduction to the Workshops and the Workshop Review) will be held in the Geography Lecture Theatre upstairs in the Museum Building. All workshops (but not the Workshop Review) will be held in the Simon Perry Civil Engineering Building, which is located beside the rugby pitch. Coffee Breaks Breaks for coffee/tea will be taken at 8.05pm on Fridays and 10.35am on Saturdays. Tea and coffee will be available in the Drawing Office, which is upstairs in the Museum Building. Please avail of this opportunity to meet those on your course and on the other diploma courses. Special Lectures on Construction Technology for Students who are Lawyers These will be arranged. Attendance Sheets All students must ensure that they sign the Attendance sheet each Friday evening and Saturday morning. Payment of Fees Those who are paying their fees in two installments are reminded that it is their responsibility to ensure that the second installment is paid on time to avoid having to pay a late fee fine. Contacts: Debbie Walsh Mary Keating Niamh Harty walshd@tcd.ie makeatin@tcd.ie hartyn@tcd.ie or niamh.harty@tcd.ie The Graduate School of Professional Engineering Studies Office is located in the Museum Building, above the Engineering School Office. Turn left after the stairs leading up to the Drawing Office. Dr. Niamh Harty Course Director 28 September 2012

4 UNIVERSITY OF DUBLIN, TRINITY COLLEGE Graduate School of Professional Engineering Studies Postgraduate Diploma Course in Construction Law and Contract Administration Course Syllabus (Revised ) 1. CECLCA01 Law and Dispute Resolution a. Law i. Introduction to Legal Systems and Methods Sources of Law; constitutional law; common law; European Community and Union law; legislation and statutory interpretation; judicial reasoning; the judiciary; barristers and solicitors; court structures. ii. The Irish Litigation Process Civil procedure, pleadings; discovery, interrogatories and other interlocutory procedures; the giving of evidence, witnesses of fact and expert witnesses, proofs and judgment; rights of appeal; enforcement processes; international litigation in Irish courts. iii. The Law of Evidence Basic concepts; types of evidence; the burden of proof; the standard of proof; criminal and civil procedures; evidence in the arbitration process; hearsay; privilege; witnesses and procedure; expert evidence; electronic documents and evidence in arbitration. iv. The Law of Tort, including Product Liability Examination of the basis of tortious liability; torts of negligence, nuisance, breach of statutory duty; product liability; premises liability; economic loss, liability of Public Authorities; proof of damage or injury and causation; damages, injunctions and other remedies; limitation of actions. v. The Law of Contract Introduction to the law of contract; agreement; contractual terms; breach of contract; discharge of contract; vitiating factors; remedies; statutory law relating to contracts. b. Dispute Resolution Disagreement, claim and dispute; methods of dispute resolution, including voluntary and mandatory conciliation, mediation and adjudication; litigation and arbitration procedures; arbitrator s powers and duties; hearings; writing of awards; finality and enforcement; referral to the courts. 2. CECLCA02 Contracts in Construction a. Fundamentals of Construction Contracts Different procurement routes and types of contract, including traditional, design and build, public private partnerships, partnering, early contractor involvement; standard Irish construction main contracts: GCCC, RIAI; the roles, rights and duties of the Employer, Engineer, Architect, Quantity Surveyor and Contractor; advantages and disadvantages of flexibility of construction contracts; topics covered in standard contracts including time for completion and 1

5 liquidated damages, variations, unforeseen situations, payment arrangements, provision for resolution of disputes, contract termination. Other types of construction contract; overview of standard contracts and their application; FIDIC contracts, NEC and others; principles for selection of contract type; contract provisions. Selection of contractor, tenders and their assessment, restricted and open tenders, prequalification; contractual claims; insurance clauses; subcontracts: domestic, nominated and Specialist (under the GCCC contract forms); case law and important court decisions; public private partnerships. b. Public Procurement Contracting authorities; contracts for works, supplies and services; utilities; thresholds; tendering procedures (including Specialists, under GCCC forms); award criteria; remedies. c. Contracts for Other Professions Mechanical, Electrical and Process Contracts - Standard Forms (MFI, I Chem. E, etc.), salient points; impact of GCCC forms of contract. d. Risk and Insurance Risk, its meaning, assessment and allocation; risk flow through liability and indemnities to insurance; insurance and indemnity requirements in construction contracts; insurance contracts, framework and duties. e. Sureties Sureties; Collateral Warranties; Transfer of Contractual Obligations f. Statutory Duties on Construction Projects Statutory duties of the various parties to a construction project in relation to planning, the Building Control Act and building regulations, environmental law, health and safety. This module will include an overview of the statutory enactments and the necessity to allocate the statutory duties to one of the parties. g. Professional Relationships, Duties and Liabilities (i) Professional Service Contracts: conditions of engagement for consultants in government or private sector - standard, special, implied. (ii) Professional Liability (in contract and tort) and its limitations. 3. CECLCA03 Projects There will be three workshops as follows: Public Procurement Insurance Case Study Arbitration Case Study A report relating to Conciliation will also be assigned. 2

6 UNIVERSITY OF DUBLIN, TRINITY COLLEGE Graduate School of Professional Engineering Studies Postgraduate Diploma Course in Construction Law and Contract Administration List Of Course Modules (Revised ) Module Details Lecture Hours Lecturer CECLCA01 - Law and Dispute Resolution (a) Law i Introduction to Legal Systems and Methods 6.0 Fintan Valentine ii The Irish Litigation Process 3.0 Fintan Valentine iii Law of Evidence 6.0 James Bridgeman iv The Law of Tort, including Product Liability 9.0 John O'Regan v The Law of Contract 9.0 Catherine Brennan / Bruno Herbots (b) Dispute Resolution i Introduction to claims and disputes 1.5 Professor Nael G. Bunni ii Methods - including conciliation, mediation, adjudication, arbitration 3.0 Professor Nael G. Bunni iii Arbitration Law and procedures 6.0 Damien Keogh / Bernard Gogarty iv Arbitration - Introduction, Preliminary Meeting, and Award Writing 6.0 Professor Nael G. Bunni v Dispute Resolution - Procedural Matters 3.0 Professor Nael G. Bunni vi Workshop Review 3.0 Professor Nael G. Bunni CECLCA02 - Contracts in Construction (a) Fundamentals of Construction Contracts i Procurement Methods and types of contract 6.0 Tim Ahern/Richella Mulvihill ii Engineering contracts: GCCC, IEI, NEC, FIDIC 9.0 Hank Fogarty iii Building contracts: GCCC and RIAI forms 6.0 Gerry O'Sullivan iv Tenders and their Assessment 3.0 Tim Ahern v Contractual Claims 3.0 Hank Fogarty vi Insurance Clauses 3.0 Michael Corrigan vii Subcontracts 3.0 Gerry O'Sullivan viii Case Law 3.0 Bruno Herbots ix Public Private Partnerships 1.5 tba (b) Public Procurement i Public Procurement 3.0 Kevin Kelly (c) Contracts for Other Professions i Mechanical, Electrical and Process Contracts Standard Forms (MF1, I 3.0 Bruno Herbots ChemE, etc) (d) Risk and Insurance i Risk and Insurance; risk allocation in contracts 4.5 Professor Nael G. Bunni (e) Sureties i Sureties 1.5 Kevin Kelly ii Collateral Warranties 2.0 Margaret Austin iii Transfer of contractual obligations 1.0 Margaret Austin (f) Statutory Duties on Construction Projects i Health & Safety, Building Control Act and Building Regulations 3.0 Clare Cashin ii Planning & Environmental Law 3.0 Margaret Austin (g) Professional Relationships, Duties and Liabilities i Professional Service Contracts: government and private sector standard, special, implied 3.0 Barrett Chapman ii Professional Liability (in contract and tort) and its limitations 1.5 Barrett Chapman CECLCA03 - CLCA Projects (a) Workshops Introduction 1.5 Professor Nael G. Bunni (b) Workshop 1 Public Procurement 3.0 Professor Nael G. Bunni / Kevin Kelly (c) Workshop 2 Insurances case study 6.0 Professor Nael G. Bunni / Michael Corrigan (d) Workshop 3 Arbitration case study 12.0 Professor Nael G. Bunni / Hank Fogarty / Niamh Harty (e) Report on Conciliation Professor Nael G. Bunni