Conflicts and disputes in Construction Projects
The research essay topic is to concern the theory or practice of construction law or its application in the industry.
LAW3473 Construction Law Academic Research Essay- SQU Australia.

LAW3473 Construction Law Academic Research Essay-Southern Queensland University Australia.

Research to be addressed

An investigation into the causes of conflicts and disputes and recommendations into dispute resolutions within the construction industry.

LAW3473 Construction Law Academic Research Essay- SQU Australia.

Abstract Introduction:

For this LAW3473 Construction Law Academic Research Essay Introduce my topic, how and why this research is important.
Define:
 Conflict in relation to the law
 Disputes in relation to the law
 Construction/construction law

The purpose of this LAW3473 Construction Law Academic Research Essay will describe the causes of conflicts and disputes, furthermore provide recommendations into dispute resolutions within the construction industry. In addition, the study will identify how disputes may be assessed before they arise and during the construction process at the project and activity level. Finally, this study will also identify what theoretical frameworks and methods could be adopted for such LAW3473 Construction Law Academic Research Essay.

LAW3473 Construction Law Academic Research Essay- SQU Australia.

LAW3473 Construction Law Academic Research Essay-Southern Queensland University Australia.

Study Aims:

  • Understand the relevance of dispute resolution practices for managing and delivering construction projects successfully.
  • How ‘disputes’ may be assessed before they come about and during the construction process at the project and activity level.
  • Establish what theoretical framework and methods could be adopted for such assessments

Method

Categorise main dispute groups:
o Owner related disputes
o Contractor related disputes
o Contractor related disputes
o Designer related disputes
o Contract related disputes
o Human behaviour related disputes
o Project related disputes
o External factors

Assess if there is a connection, if any are inter related. Is there a matrix that I could come up with to assess then rate conflicts in a way that would put practices in place to avoid them escalating to disputes? Explore this idea here.

LAW3473 Construction Law Academic Research Essay- SQU Australia.

Dispute Avoidance Processes (DAPs), Non-binding mature dispute resolution, executive meetings and negotiation, mediation, conciliation and facilitation; non-binding expert determination; and senior executive appraisal discuss these here.

Results
State the law
State my findings
Discussion
What does it mean?
Link the issue and the law
Are there any cases that can be used as examples in each category stated in the method?
Is prevention really better than a cure in all cases?

LAW3473 Construction Law Academic Research Essay- SQU Australia.

LAW3473 Construction Law Academic Research Essay-Southern Queensland University Australia.

Conclusion

In conclusion this paper research has found:

  • The main causes of conflict and disputes was analyzed.
  • Main causes of construction disputes were determined with comprehensive literature review (above).
  • Disputes derived from the literature and theory: (listed in methods, but state here)
  • The dispute categories have sub-dispute causes (go into this in discussion)

LAW3473 Construction Law Academic Research Essay-Southern Queensland University Australia.

ACADEMIC RESEARCH ESSAY QUESTION and SUBMISSION

Research and write an academic research essay in the field of construction law to a standard appropriate for submission to a national essay competition. The research essay topic is to concern the theory or practice of construction law or its application in the industry. The national essay competition is the Brooking Prize: although students in New Zealand may aim to submit in that jurisdiction.

Please note that the word limit for the assignment (3000 words) is lower than the word limit for the Brooking Prize and that, given LAW3473 due dates, submission to the Brooking Prize would be for 2021.

By COB, 27 March 2020, you must seek the approval from the Course Examiner for your proposed academic research essay topic. Approval is via the Discussion link on Studydesk under Assessment – Academic Research Essay. Please identify a topic and provide at least one paragraph stating:
 the research question/s to be addressed;
 the aims or objectives of the research; and
 the proposed theoretical framework and methods to be adopted.

By COB, 22 May 2020, each student must upload a draft of their academic research essay to the portal on Study desk under Assessment – Academic Research Essay.

By 1 June 2020, the final version of your essay is due. Submission is via the portal for the final version of your essay. Only PDF documents will be accepted by the portal. Turnitin is enabled on Study desk.

In the week commencing 1 June 2020, in class and via Study desk, you will have an opportunity to reflect upon and discussion this LAW3473 Construction Law Academic Research Essay- SQU Australia assessment task.

ACADEMIC RESEARCH ESSAY INFORMATION

Please include your name and student ID number in the header or footer of your assignment document. Students studying this course as part of a Bachelor of Laws or the Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students not enrolled in a Bachelor of Laws or the Juris Doctor may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC) to format details of the information sources they have cited in their work. For enquiries about either style guide, consult the relevant manual from the USQ Library’s referencing guide or contact the Law Librarian.

LAW3473 Construction Law Academic Research Essay- SQU Australia.

LAW3473 Construction Law Academic Research Essay- SQU Australia.

LEARNING OBJECTIVES
The key LAW3473 Learning Objective (see the Course Specifications) for this assessment task is to “write an academic essay in the field of construction law to a standard appropriate for submission to a national essay competition”.

How ever, other LAW3473 Learning Objectives are relevant also:

  • demonstrate understanding of the role and function of law in relation to construction projects, including when and how legal issues must be considered;
  • apply reasoning to identify facts and relevant information, make inferences regarding premises and address implications and consequences;
  • identify problems and use facts and evidence from analysis to support and defend solutions; and
  • work collaboratively within an inter-disciplinary team.

Learning outcomes for students relevant to this assessment task include:

  • deeper learning about construction law:
  • demonstrated understanding of an issue as to the theory or practice of construction law or its application in the industry;
  • demonstrated written communication skills, research skills and academic essay writing skills;
  • engagement with the study and practice of construction law and its application in building and construction
  • demonstrated graduate attributes desirable for employment in construction law.

LAW3473 Construction Law Academic Research Essay- SQU Australia.