ECTSInternational 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 Elective Courses 3 0 0 3 5
Pre-requisite Course(s)
None
Course Language English
Course Type Elective Courses
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 Having accumulated knowledge on mathematics, science and engineering and an ability to apply these knowledge to solve Civil engineering problems. X
2 Ability to design Civil Engineering systems fulfilling sustainability in environment and manufacturability and economic constraints X
3 An ability to differentiate, identify, formulate, and solve complex engineering problems; an ability to select and implement proper analysis, modeling and implementation techniques for the identified engineering problems. X
4 An ability to develop a solution based approach and a model for an engineering problem and design and manage an experiment X
5 Ability to use modern engineering tools, techniques and facilities in design and other engineering applications X
6 Ability to carry out independent research in the field and to report the results of the research effectively and be able to present the research results at scientific meetings. X
7 Sufficient oral and written English knowledge to follow scientific conferences in the field and communicate with colleagues. X
8 Ability to effectively use knowledge in the field to work in disciplinary/multidisciplinary teams and the skill to lead these teams X
9 Consciousness on the necessity of improvement and sustainability as a result of life-long learning,ability for continuous renovation and monitoring the developments on science and technology and awareness on entrepreneurship and innovation X
10 Professional and ethical responsibility to gather and interpret data, apply and announce solutions to Civil Engineering problems. X
11 An ability to investigate, improve social connections and their conducting norms with a critical view and act to change them when necessary. X

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