Construction Engineering Law
Engineering projects are technical endeavors that are performed by group of trade professional that join their hands together. These participants are bounded by legal contracts to perform their roles and responsibilities. Also there are specific laws, codes and regulations controlling the industries and their operations. In order to perform efficiently, engineers should be aware of the legal implications of all these contractual aspects, laws, and their inferences. The need for understanding these laws and regulations, being able to efficiently interpret laws, and implementation of engineering projects require special skill sets for the engineers that are not taught in regular engineering programs. Moreover, with the increasing globalization of the economies, new international and regional ventures, such as; China Pakistan Economic Corridor (CPEC), One Belt One Road (OBOR), Asia Infrastructure Development Bank (AIDB) etc. and increasing opportunities for foreign direct investments (FDI), the technical understanding of legal aspects, codes, and regulations have become much more essential and challenging for engineers in order to be competitive in the market. With the aim of enhancing the capacity of engineers regarding legal aspects of engineering application, it is proposed that NED University of Engineering & Technology introduce a specialized degree program titled Masters of Engineering Civil (M.Engg.) Specialization in Construction Engineering Law. In this regards, this document proposes details of Masters of Engineering Civil (M.Engg.) Specialization in Construction Engineering Law. The proposed program has been tailored to give construction professionals in building, construction, engineering, public owner organizations, and associated industries the legal knowledge to take the next step in their careers.
The legal systems: Sources of law and court system; Basic Principles of Contract law; Sale of Goods Laws; Business Organizations; Money and Banking Laws; Health and Safety at Work; Agency; Property Law; Taxation Law; Contracts, Negligence, and Malpractice; Complaints, Motions, Trials, and Appeals; Partnership, Corporations, and Liability for the Acts of Others; Employment Law; Bankruptcy; Act of 1976 to make provision for the regulation of the engineering profession; Other pertinent laws.
Overview of Intellectual Property Law; The Use of Intellectual Property in Business; Introduction to Patents; Obtaining Information from a Patent; Patentable Subject Matter and Utility; Requirement of Non-Obviousness for Patentability; The Patenting Process and Patent Application; Design Patents; Protection of information and communication related patents; Business method protection; Trademark; Ethical Reasoning and ethics for engineer ethics, norms and codes of professional conduct; Workplace rights and responsibilities; Ethics and research misconduct, authorship credits etc.
Principles of construction contracts (basics, doctrines, and elements of contract.); Review of types of construction contract (DB, DBB, CMAA, CM@Risk); Overview of Standard forms of Contracts (PEC, AIA, FIDIC etc.); Design liability of engineers and contractors; Finance and management of contracts; Contractual obligations of employer, architect/engineer, and contractors; Concepts and processes in construction law including procurement; Right to payment, time, completion and liquidated damages; Public works procurement and tendering procedures; PPRA regulations, SPPRA regulations; New and emerging options including, integrated project delivery, public private partnerships, concessions and joint ventures, early and collaborative working, frameworks and alliances; Subcontracting and supply contracts; overview of international perspective of contracts and procurement.
Contract Administration for Claims and Claims Avoidance; Types of Claims; Construction contact errors; Unforeseen and changed conditions; Delays, disruptions, acceleration, termination, and proving of claims; Extension of time claims; Methods of Delay Analysis (Use of CPM techniques, Forensic Schedule analysis, window analysis, etc.); Claim for Additional Payments and its calculations; Construction claims related documentation; Claims preparation and presentation; Essential Elements of a Successful Claim; International perspective of construction claims.
Introduction to Construction Disputes; Starting point, causes and reasons of arise of disputes; Role of the Engineer in dispute avoidance; Dispute avoidance; Negotiation; Mediation; Arbitration ; Expert determination ; Early neutral evaluation ; Procedures of dispute resolution as per PEC rules, FIDIC, AIA and comparison among the requirements.; Overview of Arbitration law in Pakistan and Arbitration Act of 1940; Dispute review and resolution boards; Litigation ; Multi-party Dispute Resolution.
An Overview of Environmental Law and its Development; Legal and Administrative; Structures for their Implementation from the International, Regional and National Perspectives; Regulations and laws in Pakistan and the Laws of Selected Countries; Project Planning Applications, Permissions and Other Consents; Planning and Pollution Control; Site Hazards, nuisance and waste management; Environmental Impact Assessment; Environmental Crisis Management ; Application of Policy Issues in Environmental Management ; Political Economy of Environmental Regulations; Case studies.
The role of specifications and construction project documents; Relationship between drawings and specifications; Types of specifications; Organization and formatting of specifications; Specification writing principles. Bidding documents, general conditions, special conditions; Bonds, guarantees and warranties writing; Specification resources and writing procedures; Modifications to bidding and contract documents; Computer Aided; Specifications writing; Specifications and plan interpretation; Case studies.
Case study and analysis of reported appellate decisions on common construction law issues on topics such as tort or negligence; Quantum merit; privity of contract, flow down clauses; suspension and termination; cases related to funding, penalty clauses; design liability; concurrent delays; insurance and bonding; landmark cases that lead to development of new legal doctrines (eg: Severin; Spearin doctrines); licensing; bid disputes; contract issues; construction lien law; surety problems; and unresolved claims; international construction project related case studies
Study of building codes required at city, provincial, and federal levels and their relation to quality control. These may include (but not limited to): Conduct and Consulting Byelaws; Construction and Operations Engineering Works Byelaws; Code of Ethics and Conduct; Building Code of Pakistan; Building Code of Pakistan-Energy Provisions; Building Code of Pakistan Fire Safety Provisions; Building Control and Town Planning Regulations; Land Regulations; Different Development
Authorities and their regulations; Overview of Regional Codes; Overview of International Codes; Comparative assessment of national vs. international codes and regulations.
Risk Management Essentials; Risk and legal aspects during project inception, feasibility and financing, procurement model selection; Risk identification and mitigation strategies employed during the delivery phase and their role in avoiding unnecessary disputation; Allocation of Risks through Contracts; Philosophies and commercial drivers affecting risk allocation in contracts and consultancy agreements; Security for performance mechanisms and instruments; Risk Insurance mechanisms in Construction; Insurance products available to the construction industry and related laws; International best practices in Risk insurance; Managing sub-contract/suppliers risk; Need for documentation, written procedures and maintenance of risk records; Construction Law & Risk Management Cases Studies
International Construction Projects; Typical Hazards in International Construction Business; Civil law vs. Common Law; Common delivery methods and international construction; Unification and standardization in International Construction Projects; Aspects of Price, time variations, and claims; FIDIC Contracts; AIA Contracts; Overview of Construction terms in different languages, such as; Chinese, Czech, English, French, German, Hungarian, Polish, Portuguese, Russian, Spanish; The influence of national culture on the preparation, evaluation and negotiation of time and money claims on international construction projects; International Projects Dispute Resolution; Projects funded by International Funding Agencies (World Bank, ADB, AIDB); Case studies
Introduction to Forensic Engineering; Competencies and Qualifications of Forensic Engineers: qualifications, attributes competencies, technical skills, legal knowledge, detective skills, communication skills, personality characteristics etc. The Standard of Care: expert testimony, methods, validity, reliability, Delphi process of expert consensus; Civil Engineering Investigations: activities in investigation, site investigation, sampling and collection of evidence, preliminary findings, equipment and its selection, recording observations, photography, sample removal, eyewitness account, field tests, document collection and review, theoretical analysis, laboratory tests and investigation, office investigations determination of procedural responsibilities, reports; Ethics of Forensic Engineering: code of ethics, solicitation of work, contract process, testimony ethics, damage caused by unethical conduct, ethical standards for publication, interaction with media; The Legal Forum: role of forensic engineer as a witness in mediation and litigation, admissibility of testimony by forensic engineers, rules of evidence and testimony, testimony in courts and at deposition (preparation, demeanor, speech, direct examination, cross examination etc.), codes and guidelines (local and international) for professionals engaged as experts; The Business of Forensic Engineering: readiness, marketing, decisions, liability, insurance individual and group practice; National and International Case Studies.