ECTS - International Construction Contracts

International Construction Contracts (CE563) Course Detail

Course Name Course Code Season Lecture Hours Application Hours Lab Hours Credit ECTS
International Construction Contracts CE563 3 0 0 3 5
Pre-requisite Course(s)
None
Course Language English
Course Type N/A
Course Level Natural & Applied Sciences Master's Degree
Mode of Delivery Face To Face
Learning and Teaching Strategies .
Course Coordinator
Course Lecturer(s)
  • Asst. Prof. Dr. Saman AMINBAKHSH
Course Assistants
Course Objectives Introducing the students of civil engineering into the field of international construction contracts law which is useful to be mastered by project and contract managers of international construction and consulting companies.
Course Learning Outcomes The students who succeeded in this course;
  • - To develop the ability - to review, prepare, fill out, complete and revise the most well-known standard American, English and European construction contracts JSC, AIA and FIDIC. - to discern the structure and the most important contractual provisions of construction contracts quickly by comparing them to standard contracts. - analyze various alternative contract provisions and to evaluate the impact of each alternative on expected project outcomes. - to understand the legal relationship between the parties to the construction contract; the employer, the engineer and the contractor. - to interpret the obligations of the parties and how to compare them with standard terms.
  • - Understanding methods to manage construction contracts.
  • - Make amendments and appendices to contracts.
  • - Formulate change orders.
  • - Prepare loss-expense and time extension claims.
  • - Prepare applications to terminate construction contracts.
  • - Identify the breeches of contracts and consequential damages.
  • - Evaluate and calculate the magnitude of damages.
  • - Calculate time extensions.
  • - What is acceptable construction quality with or without construction defects in relation to different standard contracts; English Sales of Good Act; Turkish law of obligations.
Course Content Legal and contractual terminology in construction contracts, EPC and PC contracts, structure and breakdown of standard construction contracts, contractual documents, standard provisions as to the time of contract, cost of contract and advanced payment, provisions regarding the quality and acceptance of construction work completed.

Weekly Subjects and Releated Preparation Studies

Week Subjects Preparation
1 Modern Construction Contract
2 Standard Construction Contracts JCT, AIA, FIDIC
3 Overview of JCT structure compared to others
4 Famous Law Cases 1: Quality issues, defects, acceptance of works
5 Famous Law Cases 2:: Unforeseen ground conditions
6 Famous Law Cases 3: Delayed or inadequate payments
7 Famous Law Cases 4: Design issues (fit for purpose or reasonable skill)
8 Change orders
9 Breeches of contract. Fundamental terms. Hadley- Baxendale principle
10 Damages
11 Relevant conditions
12 Time extensions. Liquidated damages as opposed to penalties.
13 Claims for loss and expense
14 Force Majeure terms; Contract termination
15 Final Exam Period
16 Final Exam Period

Sources

Other Sources 1. Richard Stones, “ Modern Law of Contract”, 2003, Cavendish Press, UK
2. Knowles, R., “150 contractual problems and their solutions”, 2005, Blackwell Publishing Ltd, Oxford
3. Powell-Smith, V, J. Redmond and D. Stephenson, “ Civil Engineering Claims”, 1999, 3 rded, Blackwell Science Ltd, Oxford
4. I.N. Duncan, Hudson’s Building and Engineering Contracts, 1995, 11ed, Sweet & Maxwell, London.
5. JCT SBC/Q TCD, “StandardBuilding Contract With Quantities” , 2011, Sweet&Maxwell , UK
6. AIA , American Institute of Architects, “General conditions of the contract for construction” 2007, New York
7. FIDIC , “ Conditions of contract for construction”, 1999

Evaluation System

Requirements Number Percentage of Grade
Attendance/Participation - -
Laboratory - -
Application - -
Field Work - -
Special Course Internship - -
Quizzes/Studio Critics 2 15
Homework Assignments 5 25
Presentation - -
Project - -
Report - -
Seminar - -
Midterms Exams/Midterms Jury 1 25
Final Exam/Final Jury 1 35
Toplam 9 100
Percentage of Semester Work 65
Percentage of Final Work 35
Total 100

Course Category

Core Courses
Major Area Courses X
Supportive Courses
Media and Managment Skills Courses
Transferable Skill Courses

The Relation Between Course Learning Competencies and Program Qualifications

# Program Qualifications / Competencies Level of Contribution
1 2 3 4 5
1 Attains knowledge through wide and in-depth investigations his/her field and surveys, evaluates, interprets, and applies the knowledge thus acquired. X
2 Has a critical and comprehensive knowledge of contemporary engineering techniques and methods of application. X
3 By using unfamiliar, ambiguous, or incompletely defined data, completes and utilizes the required knowledge by scientific methods; is able to fuse and make use of knowledge from different disciplines. X
4 Has the awareness of new and emerging technologies in his/her branch of engineering profession, studies and learns these when needed. X
5 Defines and formulates problems in his/her branch of engineering, develops methods of solution, and applies innovative methods of solution. X
6 Devises new and/or original ideas and methods; designs complex systems and processes and proposes innovative/alternative solutions for their design. X
7 Has the ability to design and conduct theoretical, experimental, and model-based investigations; is able to use judgment to solve complex problems that may be faced in this process. X
8 Functions effectively as a member or as a leader in teams that may be interdisciplinary, devises approaches of solving complex situations, can work independently and can assume responsibility. X
9 Has the oral and written communication skills in one foreign language at the B2 general level of European Language Portfolio. X
10 Can present the progress and the results of his investigations clearly and systematically in national or international contexts both orally and in writing. X
11 Knows social, environmental, health, safety, and legal dimensions of engineering applications as well as project management and business practices; and is aware of the limitations and the responsibilities these impose on engineering practices. X
12 Commits to social, scientific, and professional ethics during data acquisition, interpretation, and publication as well as in all professional activities.

ECTS/Workload Table

Activities Number Duration (Hours) Total Workload
Course Hours (Including Exam Week: 16 x Total Hours) 16 3 48
Laboratory
Application
Special Course Internship
Field Work
Study Hours Out of Class 14 2 28
Presentation/Seminar Prepration
Project
Report
Homework Assignments 4 4 16
Quizzes/Studio Critics 2 4 8
Prepration of Midterm Exams/Midterm Jury 1 10 10
Prepration of Final Exams/Final Jury 1 15 15
Total Workload 125