CLAW 3011 - Construction Law

Course Description
This course will review basic contract and tort law and its application to the construction industry. You will examine Canada’s contract-based approach to tendering and requests for proposals. You will differentiate the two models and the substantial body of jurisprudence that has developed in the bidding and tendering area, the relevant duties of each party, the conduct of the parties and the consequences for any breach or failure to comply with applicable obligations. Each province has lien legislation that requires statutory holdbacks, creates lien rights and can trust claims. Holdback percentages, trust rules, lien registration deadlines (which are generally strictly enforced) will differ depending on the province. Most provinces also have limitation legislation that limits the duration of liability for breaches of contract and tort claims. The law relating to limitation of liability clauses has been reviewed by the Supreme Court and the true construction approach adopted by the courts necessitates express and unambiguous drafting regarding limitations of liability. The role of the project management profession will be reviewed and you will consider legal, professional liabilities, responsibilities as well as ethics owed by a professional.

3 credits

Prerequisite(s):

One of:
- CIVL 2110
- CPMT 3020
One of:
- BLAW 2030
- CLAW 1010

Additional Requisite Information:

BLAW 2030 or a comparable elective from the Construction Project Management degree can be used as a prerequisite.