Module Details

Module Code: BULD9002
Title: Contract Admin/Dispute Resol'n
Long Title: Contract Administ. & Dispute Resolution
NFQ Level: Expert
Valid From: Semester 1 - 2022/23 ( September 2022 )
Duration: 1 Semester
Credits: 5
Field of Study: 5821 - Building Science
Module Delivered in: 2 programme(s)
Module Description: This module will inform the learner of the critical importance of the appropriate choice of contract to reflect the procurement route, implement the contract provisions, to minimise disputes and apply suitable dispute resolution methods.
 
Learning Outcomes
On successful completion of this module the learner will be able to:
# Learning Outcome Description
LO1 Contractually manage a project within the framework created by risk assessment, procurement choice, contract selection and consultant/contractor appointment, to ensure continuous progress and successful completion.
LO2 Identify and manage information flow(s) within the project to facilitate progress, minimise disruption and maintain working relationships.
LO3 Engage project participants in negotiating solutions to disagreements that arise on projects.
LO4 Act as a conciliator to facilitate project participants in reaching a mutually acceptable solution to project disputes.
LO5 Implement the arbitration process.
Dependencies
Module Recommendations

This is prior learning (or a practical skill) that is strongly recommended before enrolment in this module. You may enrol in this module if you have not acquired the recommended learning but you will have considerable difficulty in passing (i.e. achieving the learning outcomes of) the module. While the prior learning is expressed as named MTU module(s) it also allows for learning (in another module or modules) which is equivalent to the learning specified in the named module(s).
Incompatible Modules
These are modules which have learning outcomes that are too similar to the learning outcomes of this module. You may not earn additional credit for the same learning and therefore you may not enrol in this module if you have successfully completed any modules in the incompatible list.
No incompatible modules listed
Co-requisite Modules
No Co-requisite modules listed
Requirements

This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed. You may not enrol on this module if you have not acquired the learning specified in this section.
No requirements listed
 
Indicative Content
Influence of chosen procurement route
Client requirements; contractual framework; risk management.
Selection and appointment of Design/Management/Construction team
Integration of project design and construction; creation of complex, interdisciplinary and temporary project coalitions; team building.
Contract documentation and information flows
Contract documents; programme; method statement; schedule of resources; contract correspondence.
Contract negotiation
Securing contracts; negotiation during project; settling outstanding matters; negotiating styles and cultures; preparing to negotiate, opening negotiations, the negotiating table, closing and recording.
Conflict Management
Avoiding conflict, effectively and equitably resolving conflict; dynamic nature of conflicts in terms of their evolution and escalation within a project and the interaction between conflicts and dispute avoidance and resolution techniques (DART).
Alternative dispute resolution
Amicable dispute resolution; mediation; conciliation; mini-trial; adjudication; expert determination.
Evidence
The legal rules that determine whether evidence is admissible in a particular case, when relevant evidence should be excluded.
The arbitration process
Statement of Claim; response; request for clarification; preliminary meeting; clarify issues in dispute; set procedures and timetable, Substantive law (Arbitration Act 2010); "Scott Schedule"; Engineers Ireland fast track procedure; the procedure for the hearing; dealing with costs; "Calderbank" offer recording of proceedings.
Writing an arbitration award
The objective of the award is to deal with all matters referred to it; essentials of the award; recitals; preambles; factual and legal analysis of the evidence.
Module Content & Assessment
Assessment Breakdown%
Coursework100.00%

Assessments

Coursework
Assessment Type Essay % of Total Mark 20
Timing Week 3 Learning Outcomes 1,2
Assessment Description
Identification of contractual framework, selection of participants, teambuilding and use of documentation to ensure progress and avoid disruption.
Assessment Type Other % of Total Mark 30
Timing Week 6 Learning Outcomes 3,4
Assessment Description
Negotiation of an acceptable resolution to a disagreement that has arisen including preparation and delivery of issue-appropriate documentation; the interactive element to be undertaken in teams. Preparation, delivery and submission of the written conciliator/mediator's recommendation on an individual basis.
Assessment Type Other % of Total Mark 30
Timing Week 10 Learning Outcomes 5
Assessment Description
Preparation and delivery of case evidence appropriate to an arbitration hearing. Use of video playback to critically analyse the proceedings; the interactive element to be undertaken in teams.
Assessment Type Written Report % of Total Mark 20
Timing Week 12 Learning Outcomes 5
Assessment Description
Individual preparation and written submission of arbitrator's reasoned award on the arbitration hearing undertaken in Week 10.
No End of Module Formal Examination
Reassessment Requirement
Coursework Only
This module is reassessed solely on the basis of re-submitted coursework. There is no repeat written examination.

The University reserves the right to alter the nature and timings of assessment

 

Module Workload

Workload: Full Time
Workload Type Contact Type Workload Description Frequency Average Weekly Learner Workload Hours
Lecturer-Supervised Learning (Contact) Contact Lecturer led discussions on course topics, illustrated with practical/worked examples as appropriate. Every Week 2.00 2
Independent & Directed Learning (Non-contact) Non Contact Review of lecture notes and recommended material; and preparation of assessments for in-class topics. Every Week 4.00 4
Tutorial Contact Further development of course topics by interactive discussions/problem solving. Every Week 1.00 1
Total Hours 7.00
Total Weekly Learner Workload 7.00
Total Weekly Contact Hours 3.00
Workload: Part Time
Workload Type Contact Type Workload Description Frequency Average Weekly Learner Workload Hours
Lecturer-Supervised Learning (Contact) Contact Lecturer led discussions on course topics, illustrated with practical/worked examples as appropriate. Every Week 2.00 2
Independent & Directed Learning (Non-contact) Non Contact Review of lecture notes and recommended material; and preparation of assessments for in-class topics. Every Week 4.00 4
Tutorial Contact Further development of course topics by interactive discussions/problem solving. Every Week 1.00 1
Total Hours 7.00
Total Weekly Learner Workload 7.00
Total Weekly Contact Hours 3.00
 
Module Resources
Recommended Book Resources
  • David Richbell,. (2008), Mediation of Construction Disputes, Wiley-Blackwell, [ISBN: 978-14051-6931-8].
Supplementary Book Resources
  • Bill Scott and Bertil Billing. (1990), Negotiating Skills in Engineering and Construction, Thomas Telford, [ISBN: 9780727715173].
  • Peter Fenn. (2011), Commercial Conflict Management and Dispute Resolution, Routledge, [ISBN: 978-041557828].
  • Dino Bouchaghem. (2012), Collaborative working in Construction, [ISBN: 9780415597005].
  • Stephen Emmitt and Christopher A. Gorse. (2006), Communication in Construction Teams, Routledge (Spon Research), [ISBN: 978-0-415-36619-9].
  • Brian Greenhalgh and Graham Squires. (2011), Introduction to building procurement, Routledge, [ISBN: 9780415482165].
  • John Adriaanse. (2016), Construction Contract Law, 4th ed.. Red Globe Press, [ISBN: 978-113700958].
  • Reg Thomas and Mark Wright. (2016), Construction Contract Claims, 4th ed.. Palgrave, [ISBN: 978-113752037].
  • Eds Penny Brooker and Suzanne Wilkinson. (2010), Mediation in the Construction Industry - An International Review, Routledge, [ISBN: 978-0-415-47175-6].
  • Eds Peter Fenn, Michael O'Shea and Edward Davies. (2011), Dispute Resolution and Conflict Management in Construction - An International Perspective, Routledge, [ISBN: 978-0-419-237006].
  • Ross Gorman,. (2006), Evidence, Round Hall Ltd, [ISBN: 978-185800421].
  • (2008), Dispute Avoidance - a non confrontational appoach to the management of construction contracts, [ISBN: 9781859462973].
Recommended Article/Paper Resources
  • CONSTRUCTION CONTRACTS ACT 2013.
Supplementary Article/Paper Resources
  • ARBITRATION ACT 2010 - Irish Statute Bookwww.irishstatutebook.ie/pdf/2010/en. act.2010.0001.PDF.
  • Good Practice Guide: Mediation.
  • Mason Hayes & Curran. (2012), Litigation and arbitration: the fragmentation of disputes in Ireland and the UK.
Other Resources
 
Module Delivered in
Programme Code Programme Semester Delivery
CR_CCOPM_9 Master of Science in Construction Project Management 1 Mandatory
CR_CCNPM_9 Postgraduate Diploma in Science in Construction Project Management 1 Mandatory