#REQUEST.pageInfo.pagedescription#

Site Navigation

BULD9002 - Contract Admin/Dispute Resolve

banner1
Title:Contract Admin/Dispute Resolve
Long Title:Contract Administration and Dispute Resolution
Module Code:BULD9002
 
Credits: 5
NFQ Level:Expert
Field of Study: Building Science
Valid From: Semester 1 - 2014/15 ( September 2014 )
Module Delivered in 6 programme(s)
Module Coordinator: DANIEL CAHILL
Module Author: EITHNE FARR
Module Description: This module will allow the learner to be conscious 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:
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
Pre-requisite learning
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 CIT module(s) it also allows for learning (in another module or modules) which is equivalent to the learning specified in the named module(s).
No recommendations listed
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
Co-requisites
No Co Requisites listed
 

Module Content & Assessment

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
Assessment Breakdown%
Course Work100.00%
Course Work
Assessment Type Assessment Description Outcome addressed % of total Assessment Date
Essay Identification of contractual framework, selection of participants, teambuilding and use of documentation to ensure progress and avoid disruption 1,2 20.0 Week 3
Other 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 3,4 30.0 Week 6
Other Preparation and delivery of case evidence appropriate for an arbitration hearing. Use of video playback to critically analyse the proceedings. The interactive element to be undertaken in teams. 5 30.0 Week 10
Written Report Individual preparation and written submission of arbitrator's reasoned award on the arbitration hearing undertaken in Week 10 5 20.0 Week 12
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 institute reserves the right to alter the nature and timings of assessment

 

Module Workload

Workload: Full Time
Workload Type Workload Description Hours Frequency Average Weekly Learner Workload
Lecturer-Supervised Learning (Contact) Delivery of appropriate content 2.0 Every Week 2.00
Independent Learning Researching and preparing course material 5.0 Every Week 5.00
Total Hours 7.00
Total Weekly Learner Workload 7.00
Total Weekly Contact Hours 2.00
Workload: Part Time
Workload Type Workload Description Hours Frequency Average Weekly Learner Workload
Lecturer-Supervised Learning (Contact) Delivery of appropriate content 2.0 Every Week 2.00
Independent Learning Researching and preparing course material 5.0 Every Week 5.00
Total Hours 7.00
Total Weekly Learner Workload 7.00
Total Weekly Contact Hours 2.00
 

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, Commercial Conflict Management and Dispute Resolution [ISBN: 9780415578288]
  • 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 [ISBN: 9780415482165]
  • John Adriaanse,, Construction Contract Law [ISBN: 9780230230446]
  • Reg Thomas and Mark Wright 2011, Construction Contract Claims [ISBN: 9780230242852]
  • 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,, Evidence [ISBN: 1858004217]
  • 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 fragmentationof disputes in Ireland and the UK
Other Resources
  • website: Society of Construction Law (UK) www.scl.org.uk
  • website: www.scsi.ie
  • website: European Society of Construction Law www.escl.org
  • website: The Society of Construction Arbitrators www.constructionarbitrators.org
  • Website: CIOB in Ireland www.ciob.org.uk/Ireland
  • Website: Chartered Institute of Arbitrators - Irish Branch www.arbitration.ie
  • Website: GovernmentCapital Works Management Framework
 

Module Delivered in

Programme Code Programme Semester Delivery
CR_CENEN_9 Master of Engineering in Civil Engineering (Environment and Energy) 1 Elective
CR_CARCT_9 Master of Science in Architectural Technical Design 1 Elective
CR_DINAR_9 Master of Science in Interior Architecture 1 Elective
CR_CCOPM_9 Masters of Science in Construction Project Management 1 Mandatory
CR_CENVE_9 Postgraduate Diploma in Civil Engineering (Environment and Energy) 1 Elective
CR_CCNPM_9 Postgraduate Diploma in Science in Construction Project Management 1 Mandatory

Cork Institute of Technology
Rossa Avenue, Bishopstown, Cork

Tel: 021-4326100     Fax: 021-4545343
Email: help@cit.edu.ie