Contract and Construction Law

MQF Level 6

6 Credits (ECTS)

Contract and Construction Law

Start
October 2024
Module Type
Compulsory
Price
€364
ECTS Credits
6 Credits (ECTS)
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€255 refund on this module

Module Description

The module highlights the legal requirements regulating construction projects, specifically Maltese building laws and related legal instruments. 

The module covers the key provisions of the Buildings Regulation Act and subsidiary legislation including the avoidance of damage to third party regulations, the environment management and construction site regulations, and the energy performance of buildings regulations. 

The module considers the application of this body of legislation from project initiation through to conclusion and closing off. 

In addition, this module provides a detailed knowledge of contract law as applicable to the management of construction projects.  

Students will also learn how to evaluate contractual issues in the context of public procurement and tendering process of construction projects.

Entry Requirements

Candidates who wish to apply for the B.Sc. Top-Up degree must possess the following:

• a full qualification at MQF Level 5 with 120 ECTS in a discipline related to this programme.

Candidates who wish to apply for the Level 6 Award must possess the following:

• a qualification at MQF Level 5 in a discipline related to this programme;

OR

• any other qualification at MQF Level 5 and 3 years’ work experience within the construction industry.

 

Target Audience

This course is targeted at:

  • Professionals within the construction industry with a full Level 5 qualification in construction-related studies, seeking to achieve a B.Sc. Top-Up degree;
  • Professionals within the construction industry seeking professional and academic advancement, leading to a Level 6 Award.

Module / Unit Instruction

The proposed structure comprises a blended approach promoting the building of a community of practice via peer-to-peer learning.  The structure uses primarily two dimensions of teaching-learning modes: 

  •   Face-to-face sessions:  21 hours
  •   Online Learning Activities:  15 hours

 Face to Face sessions 

Face-to-face sessions include lectures, tutorials, discussions, presentations and workshop activities promoting peer-to-peer learning.   

 Online Learning Activities 

Online learning activities incorporate tutorials and asynchronous discussions.  These may consist of active interaction, participation and contributions in fora discussions, sharing resources and self-reflection exercises. 

Learners also contribute to the building of the community of practice by providing feedback to their peers as critical friends, enhancing the learner’s critical engagement throughout the study period.  

The tutor provides continual support during both teaching -learning modes by providing information, readings and tasks relevant to the module in questionThe tutor provides continuous formative feedback as an on-going guidance during the student’s learning experience in preparation for their summative assessment.

How you’ll be assessed

Assessment of each module consists of two assignments, each carrying a weighting as below: 

  • Assignment 1 carries 20% of total module mark achieved. 
  • Assignment 2 carries 80% of total module mark achieved. 

For successful completion of a study module the student is required to achieve a minimum of 50% pass mark in both assignments. 

The overall grade achieved for each module is calculated as the sum of: 

  • 20% of the mark achieved for assignment 1; and  
  • 80% of the mark achieved for assignment 2. 

All assignment tasks of both assessments aim to provide the learner an opportunity to produce evidence of his/her competences aligned to the learning outcomes of this Module.  

Assessment

a)  Assignment 1 tasks for this module are provided in the form of structured online discussions that support learners in their development.

Such discussions are facilitated and monitored by the lecturer who provides students with constructive feedback to help them improve and prepare for summative assignment and dissertation

These discussions will contribute to the student’s final mark to acknowledge their work and give chance to improve.

This method allows students to also contribute to the building of the community of practice by providing feedback to their peers as critical friends, enhancing the learner’s critical engagement throughout the study period.  

For successful completion of a study module the student is required to achieve a minimum of 50% pass mark in the assignment 1. 

b) Assignment 2 is done via one assignment at the end of the module.

The written assignment will be a report on the final outcome of a practical task assigned by the tutor and directly related to the subject matter of the module. The practical task will require the student to visit and analyse real construction projects.  

Recommended word count range: 3000 ± 10% 

For successful completion of a study module the student is required to achieve a minimum of 50% pass mark in the assignment 2. 

Assignment
Discussions

Module Intake Dates

October 2024
Malta
Price
€364

Additional Info

Reading for the entire Bachelor of Science (B.Sc.) Top-Up in Construction Project Management as presented in this brochure costs €4,500.*

Reading for the Level 6 Award in Construction Project Management costs €4,000.*

Upon successful completion of this course, students will be eligible for a 70% refund of the cost through the ‘Get Qualified’ scheme.**

Due to the modular structure of the course, you may also opt to take individual modules as stand-alone. The entry requirements still apply.***

*Prices are applicable to students who reside in Malta at the time of applying.
**Terms and conditions apply.
*** For the price of individual modules, please contact the IDEA Academy team.

Learning Outcomes

Competences:  
At the end of the module/unit the learner will have acquired the responsibility and autonomy to: 

  • Analyse and evaluate the nature and meaning of contract provisions and the impact of contract law on construction projects.
  • Examine the relationship between common law and legislation related to public procurement and tendering process within the context of the construction industry.
  • Identify different forms of contracts and apply these to relevant examples of construction projects.
  • Assess the different construction circumstances and consequences that result in a contract being discharged, relocated, rejected and lapsed.
  • Analyse the various remedies available when a contract is breached, and apply to a relevant construction related case study.
  • Evaluate the nature and meaning of the principal provisions of the Building Regulation Act and its subsidiary legislation.
  • Analyse the relationship between the provisions of the Building Regulation Act and those of its subsidiary legislation. 
Knowledge: 
Knowledge Learning Outcomes: 

  • Understand the main provisions of contracts; 
  • Understand the nature and meaning of the principal parts of the various Acts of Law regulating the local construction industry; 
  • Understand the process of applying for and obtaining building permits 
  • Identify the main provisions of health and safety legislation and how these apply to construction sites; 
  • Identify the obligations incumbent on a contractor emanating from local legal provisions and the scenarios that could lead to disputes arising under these legal provisions; 
  • Understand the process of arbitration in the resolution of common sources of disputes in the local construction industry. 

At the end of the module/unit the learner will have been exposed to the following indicative content:

Contract Law  

  • Definition and formation of contract 
  • Limits of the contractual obligation 
  • Terms of a contract 
  • Vitiating factors 
  • Discharge of contract 
  • Remedies for breach of contract 

Construction projects contract provisions 

  • Scope of works 
  • Definition of roles 
  • Contractor and project owner’s responsibilities 
  • Methods and frequency of work measurements and payments 
  • Subcontracting 
  • Prices and rate schedules 
  • Schedule of works 
  • Quality management and specifications 
  • Method and frequency of communications 
  • Additional works 
  • Law governing the contract 
  • Dispute resolution 
  • Defaults from any party 
  • Post contract obligations 

Legal and regulatory considerations 

  • Registration and licenses 
  • Building permits 
  • Insurance 
  • Responsibilities at law 
  • Legal requirements regarding employment and site facilities 
  • Site notices 
  • Accessibility and site security 
  • Health and safety – PPE, certification of equipment, work methods 
  • Site technical officers 
  • Control of noise and pollution 
  • Damage to third party property 
  • Work time and areas restrictions 
  • Waste management 

General Rules Governing Public Tendering  

  • Public Procurement Regulations 
  • Procurement Process Principles 
  • Exclusions and blacklisting 
  • Eligibility criteria 
  • Award criteria 
  • General contract conditions and special conditions 
  • Financial guarantees – bid bond, performance guarantee, pre-financing guarantee 
  • Methods of payments 
  • Remedies 
Skills:  
At the end of the module/unit the learner will have acquired the following skills:  

  • Apply the various provisions of contracts and the laws that regulate contracts. 
  • Interpret the legal requirements and responsibilities at law applicable to specific construction scenarios.  
  • Refer to institutions, bodies and organizations that set laws, standards and regulations for the construction industry. 
  • Consider a construction project scenario and identify the applicable rules and related regulatory bodies.
  • Interpret various legal provisions and apply these to different construction projects. 
  • Identify the main parts of public procurement process as applicable to construction projects. 

Module-Specific Digital Skills and Competences

At the end of the module/unit, the learner will be able to: 

  • Navigate through the online learning platform to find assignments, discussion boards, literature, tutorials etc.  
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