The course aims to equip students with an in-depth knowledge and understanding of key topics in the fields of construction law and dispute resolution processes, providing specific focus on those processes which run alongside traditional litigation. Students will study the principles of construction law, the approaches to dispute resolution and construction claims. Students will also analysis recent developments within the industry, with a focus on Hong Kong and common law cases and materials as well as international trends and best practices. The course will also enhance students' abilities in identifying and evaluating appropriate decision-making strategies within the construction industry.

The course provides opportunities for students:

• To broaden and deepen their knowledge of construction law within the jurisdiction of Hong Kong and other common law jurisdictions;
• Identify issues in construction and contractual disputes and define possible solutions to mitigate such occurrences where possible and evaluate their effectiveness;
• Conduct research and analysis relating to construction law and problems associated with in the construction industry;
• Apply appropriate methods of dispute resolution to a variety of situations to mitigate possible risks;
• Study appropriate documentation for dispute management and draft recommendations to steer one towards choosing the appropriate method for resolving one's differences i.e. planning for effective dispute resolution;
• Study the various contractual and non-contractual aspects of partnering including NEC and alliancing;
• Identify contractual and ethical aspects of adopting new technologies within the construction industry such as the use of AI and BIM;
• Identify the legal and contractual aspects of technology transfer within the construction industry;
• Compare and contrast the different standard forms of contracts used within the construction Industry;
• Understand the fundamental aspects of the competition law within the confines of the construction industry;
• Develop a knowledge of the statutory frameworks surrounding dispute resolution associated with the construction industry such as adjudication and apply these statutory requirements to dispute situations;
• Identify the various forms of finance arrangements for a project and their associated attributes from a disputes management context.

Examination: Students will be assessed via an examination of their understanding of the concepts learned in class, textbooks, reading materials and their ability to apply the subject related knowledge to various case scenarios with emphasis on construction law and dispute resolution. See below.  The use of Generative AI tools is not allowed.

Remarks:

Applicable to students admitted before Semester A 2022/23 or in Semester A 2024/25 and thereafter

(i )A student must obtain a minimum mark of 40% in both coursework and examination and an overall mark of 40% in order to pass a course.

(ii) The examination will be an open-book examination.

(iii) Students' coursework will focus on researching and analysising problems within the construction industry while the examination will cover various types of legal and contractual aspects of the construction industry learned in the course.

Applicable to students admitted in Semester A 2022/23 to Summer Term 2024

(i) A student must obtain a minimum mark of 50% in both coursework and examination and an overall mark of 50% in order to pass a course.

(ii) The examination will be an open-book examination.

(iii) Students' coursework will focus on researching and analysising problems within the construction industry while the examination will cover various types of legal and contractual aspects of the construction industry learned in the course.