Diploma in Construction Law

Programme structure and approach to learning

This advanced-level diploma course aims to provide a comprehensive overview of the specialised discipline of construction law and practice in Ireland. The increasing complexity of construction law provides for a proliferation of contracts and conflict and dispute resolution mechanisms. This complexity has led to a demand for professionals with the skills to analyse, manage, and solve intricate problems that often arise on major projects. 

This diploma takes a practical approach to the complex issues that arise from the multiparty nature of the construction process. Students will be introduced to the standard forms of construction contracts, with particular focus on the public works and RIAI contracts. There will be specialised introductory streams for lawyers and non-lawyers and specific modules on the tendering process and construction dispute resolution. Other prominent areas of study include the Construction Contracts Act 2013, allocation of risk between the employer and the contractor, collateral warranties and bonds, specialists and subcontractors, and the Building Control (Amendment) Regulations 2014. Practical training through the use of case studies and workshops will be enhanced by consideration of the overall regulation of construction and the role of regulatory authorities, case law, and recent and future developments. 

Modules

The programme is based on the following module scheme:

Module 1: An introduction to Construction Law

• Specialised stream for lawyers introducing the construction process,
• Specialised introductory stream for non-lawyers introducing the principles of the law of contract,
• An overview of the standard forms of contract,
• Specialists and subcontractors.

Module 2: Construction procurement – the tendering process

• An overview of the Public Procurement Directive,
• The tendering procedure,
• Remedies available to unsuccessful candidates.

Module 3: Construction contracts

• Responsibility for design in construction contracts,
• Lump sum and quantities contracts,
• Supply chain: subcontracting,
• Change,
• Time and completion, 
• Security and overall liability,
• Ordinary certification and payment.

Module 4: Construction dispute resolution 

• Multiparty construction litigation,
• Conciliation and mediation,
• Dispute resolution through adjudication,
• Arbitration practice and procedure.

Workshops

Workshops are a key feature of this course. These are designed to be interactive and involve working in groups on selected case-study problems and analysis, with an emphasis on the application of construction law to common scenarios encountered in practice.