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Module Code - Title:

CE4068 - PROCUREMENT AND CONTRACTING II

Year Last Offered:

2025/6

Hours Per Week:

Lecture

3

Lab

0

Tutorial

0

Other

1

Private

6

Credits

6

Grading Type:

Prerequisite Modules:

WT4605
WT4804

Rationale and Purpose of the Module:

This module is the second of two modules in the Construction Management + Engineering programme designed to introduce core concepts, tools, techniques and relevant to the Management of Procurement and Contracting in construction. In particular the following key objectives are met:                                                        • To become familiar with the relevant terminology as it applies to construction contracting. • Create an understanding of the role of the construction manager as an agent for the prevention and successful management of contracts and disputes. • Develop an ability within aspiring construction managers to appreciate and take full account of the ramifications of their, and other parties, actions in the context of successfully leading and managing complex construction projects. • The principle elements of a contract and contract law. • The principle elements of tort law. • Effective management and mitigation of disputes through formal and informal dispute resolution techniques and practices.

Syllabus:

This module builds on the construction contracting and procurement topics provided in WT4605: Procurement and Contracting 1 and further develops the procurement and contracting fundamentals as they apply to the various aspects of the construction industry. Indicative content for inclusion would cover topics as outlined below: • Contract Law: Formation including offer and acceptance, consideration, privity, capacity, intention to create legal relations, certainty. Waiver, estoppel, contract terms, policing the contract, performance, discharge, remedies for breach. • Tort Law: Professional negligence, nuisance, employers' liability, vicarious liability, employer / employee relationship, occupiers' liability, remedies. • Dispute Resolution: negotiation, conciliation, mediation, expert determination, litigation, adjudication, arbitration.

Learning Outcomes:

Cognitive (Knowledge, Understanding, Application, Analysis, Evaluation, Synthesis)

On successful completion of this module, students will be able to...                                 • Recall key contractual characteristics of contracts • Distinguish between contract and tortious liability • Establish the basis for making a successful claim, or defending against a claim • Propose appropriate methods of dispute resolution for a range of dispute types

Affective (Attitudes and Values)

On successful completion of this module, students will be able to...                                                                                                                                                   • Display a commitment to conducting professional activity in a contractually compliant manner. • Embrace a desire to avoid construction disputes through appropriate, pro-active management.

Psychomotor (Physical Skills)

N/A

How the Module will be Taught and what will be the Learning Experiences of the Students:

This module CE4068, aims to build on concepts delivered in Module WT4605 to develop a Procurement and Contracting skillset necessary for our graduates to take their place working in and influencing the construction sector, capable of managing construction project contracts with a strong emphasis on ethics and responsibility. Through the learning environment - using a focused teaching approach, resources and supports, we aim to develop expert learners and global citizens who are: Curious - through having a questioning mindset and a solution focused perspective. Courageous - understanding the importance of standing up for what is right and ethical. Responsible - for the correct usage of resources and their own impact on the world. Agile -utilising proactivity to adapt to and drive change in their community and career supported by a continuous learning approach. Articulate - in that they can express themselves with a confidence grounded in sound learning. To develop these attributes, this module will be taught using a series of in-person lectures, tutorials and a selection of self-directed and collaborative learning activities so it is student-centred and in line with UL's Integrated Curriculum Development Framework (ICDF). Module learning materials are developed from a research-led perspective regarding content and the principles of Universal Design for Learning are used to ensure accessibility for all students. The module Brightspace site is designed and organised in a user-friendly format to maximise functionality. To allow for the incorporation of new developments and research findings in the subject material, the flexibility of blended learning methodologies is utilised - such as Flipped Classroom in the Tutorials, on-line video resources and recorded tutorials delivered through the Brightspace module site. The learning experience of students is directly affected by the design of learning materials, delivery of such materials and assessment thereof. The principles of Universal Design for Learning (UDL) have been applied so that Multiple Means of Engagement, Representation and Action & Expression are built in. Attention is also paid to the principles of Laurillard's ABC Curriculum Design process with all 6 learning types (Acquisition, Collaboration, Discussion, Investigation, Practice and Production) utilised in terms of delivery, engagement and assessment for the module. With regard to assessment - care is taken in the design of assessment vehicles used in the module so that they are challenge driven, authentic and constructively aligned with the Learning Objectives for the Module. A crucial piece of the learning experience is communication between faculty and students, as well as peer-to peer interactions. These will be proactively managed primarily through the channels available on Brightspace, plus direct contact between faculty and students before and after lectures and via e-mail. Research Findings Incorporated into the Syllabus (If Relevant): Module content is continuously informed by academic research on the subject matter as published in academic journals pertinent to the discipline of Construction Management.

Research Findings Incorporated in to the Syllabus (If Relevant):

Prime Texts:

McKendrick, E. (2023) Contract Law 15th Ed. , Hart Publishing
Elliott, C. and Quinn, F. (2019) Contract Law 12th Ed , Pearson
Finch, E. and Fafinski S. (2023) Law Express: Contract Law 8th Ed. , Pearson
Elliott, C. and Quinn, F. (2019) Tort Law" 12th Ed , Pearson
Cooke, J. (2019) Law of Tort 14th Ed, , Pearson
Uff, J. (2021) Construction Law 13th Ed , Sweet and Maxwell
Finch, E. and Fafinski, S. (2023) Law Express - Tort Law 9th Ed , Pearson

Other Relevant Texts:

Hughes, W., Champion R. and Murdoch, J. (2015) Construction Contracts - Law and Management , Routledge:
Powell, G. (2016) Construction Contract Preparation and Management - From concept to completion 2nd Ed , Palgrave MacMillan: UK
Adriaanse, J. (2016) Construction Contract Law 4th Ed , Palgrave MacMillan: UK

Programme(s) in which this Module is Offered:

BSCMENUFA - CONSTRUCTION MANAGEMENT AND ENGINEERING

Semester(s) Module is Offered:

Spring

Module Leader:

john.spillane@ul.ie