LEEDS BECKETT UNIVERSITY

Course Specification
MSc Construction Law and Dispute
Resolution
2016-17 (CLAWD)

Our courses undergo a process of review periodically, in addition to annual review and
enhancement. Course Specifications are updated on an annual basis to include
modifications approved through our Universitys quality assurance processes. This Course
Specification provides an indication of the current curriculum. If any changes are made to
material information an updated Course Specification will be made available.

www.leedsbeckett.ac.uk

Faculty of Arts, Environment & Technology

School of Built Environment & Engineering
Award and programme title: MSc Construction Law and Dispute
Resolution
Level of qualification: Level 7
Interim awards available:
Award
PGDip
PGCrt

Title
Construction Law & Dispute Resolution
Construction Law & Dispute Resolution

Level
7
7

Length and status of programme and mode of study

Programme

Length (years)
Status
(FT/PT/SW)
MSc Construction Law and PT 2 years
Dispute Resolution

Mode (campusbased / DL or
other)
Distance
learning

Course Specification
Overview and Aims
The aims of the programme are:

To provide an effective, coherent and intellectually challenging postgraduate

education in construction law and dispute resolution;
To enhance students' abilities in the identification and evaluation of appropriate
decision making strategies;
To develop research capability and cognitive skills which enable students to analyse
problems in their professional context.

The MSc Construction Law & Dispute Resolution is aimed at mature or well qualified
construction practitioners with an interest in construction contracts and construction
disputes (and their resolution). It is also aimed at young lawyers wishing to move or who
have recently moved into the area of construction law.
Furthermore, the course, being distance learning, and delivered via the internet, offers
opportunities to people who otherwise would be unable to undertake formal face to face
education for reasons of employment, or personal circumstances. For example, students
may be required to work elsewhere for periods. They can continue their studies anywhere
in the world. For this same reason, since converting to a distance learning format the
course has attracted more overseas students than ever it would have in face to face format.

The course provides opportunities for students to:

Broaden and deepen their knowledge of construction law;

Identify problems in construction and contractual disputes and define possible solutions;
Conduct research and analysis relating to construction law and dispute problems;
Apply appropriate methods of dispute resolution in a variety of situations;
Study appropriate documentation for dispute management;
Develop contractual expertise;
Develop knowledge of the statutory frameworks surrounding dispute resolution;
Implement solutions to problems and evaluate their effectiveness;
Evaluate evidence;
Plan for effective dispute resolution;
Apply statutory requirements to dispute situations;
Develop the independent learning ability required for continuing professional
development;
Demonstrate self-direction and originality in tackling and solving problems, and act
autonomously in planning and implementing tasks at a professional or equivalent level.

Course Identity:
The module titles support the course identity. Prospective students can see at a
glance what the course is about and those who have explored the CIArbs educational
framework can readily see how this course gives exemptions from the CIArb modules.
The course and modules are referred to consistently in all applicable media including
the Online Prospectus, Blackboard, and the course handbook and teaching materials.
The course looks and feels coordinated and professional. It utilises a consistent style
on Blackboard across all modules which are all interactive and user friendly.
The course learning outcomes contribute towards a strong course identity by way of
demanding module learning outcomes which are interdependent between the various
modules. That is the law modules provide underpinning knowledge for the dispute
resolution modules which in turn inform the requirements of the Law & Practice of
Claims module.

Being distance learning, opportunities for students to network are rather limited, and
non-existent before induction. However, an online induction session is held where
students are encouraged to introduce themselves to the cohort. There are regular
live online lectures and tutorials in which students are expected to participate, and
there are a number of online discussions on Blackboard. They are also encouraged to
exchange contact details and engage in mutual support where appropriate.
Throughout, and beyond the course, the course leader maintains contact with news
and invitation to a variety of CPD events hosted by the Society of Construction Law
and the Chartered Institute of Arbitrators and others.
There are seven prizes available for successful students on this course. Five of these
are delivered at the prize giving event prior to graduation, and two are given at the
prize givers own events.
All tutors are invited to the course enhancement and development team meetings in
order to inform them of wider course issues. They are also freely enrolled onto any
modules to which they wish to have access. They are also invited to the above CPD
events in order to encourage wider networking.

Course Learning Outcomes

1
2
3
4

Critically evaluate construction contract doctrines and drafting;

Exhibit innovative practice and sound professional knowledge, skill and
values in the arena of conflict management and dispute resolution;
Professionally engage in effective means for the avoidance and
resolution of construction disputes;
Exercise a high level of skill and competence in the fields of an expert
witness, construction lawyer, adjudicator, arbitrator and mediator
providing professional judgement in areas of construction law, and the
practice and procedure of dispute resolution relevant to the student's
professional environment;
Exercise sound professional judgement, critically evaluating the
perspectives of other professionals and making a positive, informed
contribution to matters outside their areas of expertise in the context
of construction law and dispute resolution issues.

Course Structure
Expectations at this level for the MSc Construction Law & Dispute Resolution
are that the modules will equip students with a thorough working knowledge
of construction law and how it works within the English court system. In
particular this should create a background understanding of the legal principles
which may be encountered in the various dispute resolution fora to be
addressed on the course. Furthermore, students will be equipped with the
skills required in Arbitration, Adjudication and Mediation both to represent and

advise clients who find themselves engrossed in disputes and also themselves
to progress towards Chartered status with the CIArb. Finally, students should
be suitably equipped to help avoid disputes.
Semester 1

Core
(Y)
&
Y

Law of Obligations
Evidence
Adjudication: Law & Practice

Semester 3
Award & Decision Writing
Professional Research (40
credits)

Y
Y

Semester 2
Construction Law Principles
Arbitration: Law & Practice
OR
International
Arbitration:
Law & Practice
Semester 4
Commercial Mediation
Law & Practice of Claim
OR
Negotiation

Core
(Y)
Y

Y
O

Learning and Teaching

Details relating to contact hours and other key information sets (KIS) are
available on the course page of our Online Prospectus on our website.
Learning and Teaching Approaches
The course is offered on a distance learning basis only. However, live lectures and tutorials
are delivered online on a regular basis (generally every two weeks for each module) via
Adobe Connect a webinar facility to which students are invited to connect. Students can
interact with these live sessions in much the same way as they can in a face to face class.
The sessions are all recorded with the recordings made available to all students regardless
of whether they attended the live session or not. This facility allows regular contact with
teaching staff.
The course employs a Learning and Teaching Strategy which seeks to bring together
knowledge, skills and understanding. These will enable students to become effective and
critically aware in the identification and evaluation of appropriate decision-making
strategies, and to develop research capability and cognitive skills necessary to analyse and
resolve problems in their professional context. The acquisition of knowledge and skills is
seen as progressive and cumulative as students gain capability and move towards greater
independence. Teaching and learning methods during the online workshops also aim to
enhance collaborative working and group skills as well as the abilities of the independent
researcher.

Each module is fully supported with extensive use of Blackboard (the Universitys VLE) which
contains a variety of directed reading, tutorial questions and self-assessment tests. The
dispute resolution modules will include practical sessions of the various dispute resolution
techniques.
The professional research module is managed through the usual online classes and then by
assigning students to individual tutors to supervise the development of the research paper.
The supervisor will undertake further individual tutorials and/or online meetings with the
student. The resultant research paper will be published in the joint names of the supervisor
and the student.
Students are expected to undertake background reading each week, both to enhance
knowledge and critical awareness and to inform class discussion during the online workshop
sessions. The move to increasing levels of student independence is progressive through the
course with students expected to demonstrate a substantial degree of initiative and selfreliance in the Professional Research module.
Unless students request otherwise, their email addresses are circulated to the cohort group,
and it is frequently suggested that they copy each other in on useful information they have
found, along with sharing their opinions, views and experiences of relevant topics. This is
initiated at induction. Being distance learning interaction between students is not
considered appropriate or effective prior to induction. Post induction, continued
communication by email between the cohort is encouraged along with participation in
discussion groups on the VLE and blogs on Linked-in where the course leader seeks a
connection with every student, past and present. Continued communication with past
students and between past students in maintained using Linked-in and email.
The entire course team is invited to the CED meetings twice per year where module tutors
are encouraged to share with the wider team details of their module material, types of
assessment and teaching strategies. At the CED the relevant module evaluations are always
shared with the entire course team so that everyone is aware of the student feedback and
proposed developments on each module.
There are multiple opportunities for students to consider research papers across the entire
programme. The online library contains numerous excellent data bases including Lawtel
and Westlaw which give access to a number of high level research papers in this sphere of
study. Students are also directed to the repositories of a number of learned societies
including the Society of Construction Law, The Adjudication Society, and the Chartered
Institute of Arbitrators. Finally the course leader maintains his own repository of all past
dissertations which have been submitted on this course since 1996.
The Professional Research module requires students to develop their own publishable
research paper and part of the formative assessment on that module is to evaluate and
critique previous previously published material in order to develop an appreciation of the
standards required of their own material.

Evidence to demonstrate achievement of learning outcomes

Achievement is evidenced through the following assessment methods:
Examinations;
Coursework assignments and Reports;
Essays;
Research briefs or protocols;
Research Papers;
Presentations;
Arbitration awards;
Adjudication decisions;
Management of mediation;
Online formative assessment.
Notwithstanding the fact that this is an online distance learning course only, reference is
made to the Leedsbeckett learning and Teaching strategy and the PG course development
principles which can be found at:
http://www.leedsbeckett.ac.uk/staff/files/Postgraduate_course_development_principles.p
df
Learning and Teaching Activities
The course is delivered as a web based distance learning course. There is limited
opportunity therefore to engage in traditional face to face teaching activity. However, every
opportunity has been taken to utilise innovative distance learning material to simulate the
classroom experience as much as possible. To this end, full use of a VLE is made for each
module to make the web based material fully interactive. The VLE contains a variety of:

Specific course reading material

Additional directed reading
Case studies in the form of analysis of case law
Problem solving exercises;
Reflective learning techniques
Computer-assisted learning (self-assessment tests)

With each of the exercises, once the students have submitted an answer online they receive
immediate feedback in the form of a model answer.
The variety of exercises allows for a range of learning preferences. Students are encouraged
both online and on the VLE to ask questions and are given clear indications in the VLE how
to contact the module leader. They are also encouraged to post their questions to a
Discussion Board on the VLE so that all may benefit from the question and the reply.

The range of assessments utilised across the course also allow for a range of learning
preferences.
The type and range of assessments have been designed to require students to think deeply
about practical scenarios and legal issues to evaluate problems and prescribe solutions
appropriate to a professional practitioner working in the sphere of dispute resolution. For
example in the Law & Practice of Claims module students are required in one assignment to
analyse and describe the development of law in a particularly difficult area of tort as it
applies to the construction industry. Analysis of judicial decisions are required in both the
Adjudication and Arbitration modules to make an evaluation of that decision and its impact
on the industry and on practice. Students are given complex construction dispute scenarios
and are required to prepare a statement of case to present before an arbitrator proving
causation for their party, and they also have to play the role of both arbitrator and
adjudicator arriving at an award and a decision. Finally, in the Mediation module students
are faced with a complex dispute which is set for arbitration and they have to evaluate the
appropriateness of referring this dispute instead to mediation. All of these exercises require
a high level of critical thinking, evaluation and decision making.
Use of the Virtual Learning Environment
Extensive use is made of the VLE and both synchronous and asynchronous conferencing
tools. Other tools, such as Turnitin drop boxes are embedded into the VLE for the
submission of coursework.
The VLE is the primary tool for delivering the study material with extensive links to other
sites, such as:
Professional Bodies;
Law companies newsletters;
Her Majestys Court Service;
Legislation;
Learned Societies; etc.
The VLE is also the primary tool for submitting assessments via Turnitin. The assignments
are also marked online using the Turnitin tools.
The VLE provides internal links to self-assessment activities, mainly quizzes, to enable
students to check their own progress.
There may be other forms of self-assessment facilitated via the VLE, for example, students
may be asked to analyse case law and then compare their analysis to a model answer.
The VLE also provides a link to other tools such as the Discussion board which hosts a
number of debates in which students are encouraged to participate.

The Faculty has a learning technologist involved in the course who is also involved in the
learning technologists forum sharing good practice on instructional design.
The course leader also has good support from the Facultys X-Stream Support and there is
school expertise (Chris Garbett) also in support.
The University is working on making the material on Blackboard accessible via smart
phones. This is not available as yet on this course but will be implemented as soon as
practicable with the assistance of the Facultys learning technologist and staff development.
The course leader is also currently investigating the use of Google Docs as a means of more
easily distributing learning material.
Use of Blended-Learning
N/A
The course is entirely distance learning

Assessment Strategy
A range of assessment methods will be used. These include; examinations, assignments,
reports, reflective assignments, simulated professional practice, essays and research papers.
The life skills that are required by students on this course and which are developed by
studying the course and assessed within the modules are those life skills required of a
professional adjudicator, arbitrator, mediator and construction practitioner engaged in
disputes. Namely, to operate competently and professionally within a recognised statutory
framework and in accordance with certain legal principles, exercising a high level of and
reasoning, communication (oral and written) and negotiation skills.
The assessments are designed to satisfy the requirements of the PSRB and to simulate the
range of skills required by a construction law and dispute resolution practitioner. Care has
been taken in designing the assessments to ensure that the range of learning outcomes
across all modules, and the above mentioned skill are appropriately developed and
assessed.
Students on this course are either already working in the sphere of construction dispute
resolution or aspire to do so. And this may be either as a dispute resolver or by way of
assisting parties in dispute how best to present their cases before a tribunal. The
assessments are largely as required by the approving professional body but are also
designed, for example, to:
develop the students ability correctly to analyse case law and to apply the associated
principles of law to complex scenarios;
develop the skills of practice and procedure in adjudication and arbitration;
analyse a complex dispute scenario and formulate a judgement of the appropriate
means or form of tribunal to resolve the dispute;

develop the skills of decision making and judgement of what is right, fair and just with
a complex dispute scenario;
develop appropriate writing and presentation skills for presentation of an
adjudicators decision or an arbitrators award before the parties to a dispute and
before a judge for enforcement;
analyse and present evidence in a logical format by way of proof of causation and
demonstration of liability;
develop the academic writing and research skills required to analyse and present
further detailed research in the field of construction law and dispute resolution.
The above are examples of the skills required by construction law and dispute resolution
practitioners, and which are being developed in students of this course to prepare them for
the reality of the future workplace and wider society.
An example of deep learning and critical thinking can be seen in the Professional Research
module where students develop specific academic writing and research skills required to
analyse and present detailed research in the field of construction law and dispute
resolution. This module particularly requires a demonstration of deep learning and critical
thinking in order to produce publishable material in an academic journal that is also
presentable at an academic conference and serves as a platform for further research at a
higher level.

Submission dates for all modules have been carefully mapped out on the course calendar to
ensure a fair spacing of coursework and to maximise the opportunity of all students to
achieve submission within the course requirements and time scales. A schedule of
submission dates across all four semesters of the course is shown below:
Semester 1
Law of Obligations &
Evidence

Adjudication: Law &

Practice

Semester 2
Construction Law
Principles
Arbitration: Law &
Practice
OR

Assessment
Assignment 1

Date
Week 13

Assignment 2

Week 17

Exam
Assign 1

Week 21
Week 10

Assign 2

Week 16

Exam
Assessment
Presentation

Week 22
Date
Week 36

Exam
Assign 1

Week 39
30

Assign 2

34

International
Arbitration: Law &
Practice
Semester 3
Award & Decision
Writing
Professional Research
(40 credits)

Semester 4
Commercial Mediation

Law & Practice of

Claim
OR
Negotiation

Exam

38

Assessment
Assignment

Date
Week 13

Exam
Assign1
Assign 2
Assign 3
Assign 4
Assign 5
Assessment
Assignment

Week 17
Week 8
Week 15
Week 21
Week 32
Week 36
Date
Week 34

Exam
Assign 1

Week 39
Week 29

Assign 2

Week 38

Students are given an introductory session at induction to outline the expected standards
on use of English (grammar, spelling, punctuation, syntax, common errors, quotations,
single sentence paragraphs etc), the need for and nature of careful proof reading, report
writing and essay writing, use of Harvard citation and OSCOLA for citation of case law.
Formatting of the work is also addressed to indicate for example when it is appropriate to
use numbered paragraphs and when it is not.
As can be seen above the spacing of the work allows for one assignment to be marked
before the next one is due. This allows for feedback from a previous piece of work to be
acted upon prior to submitting the next. Earlier pieces of work tend to resolve difficulties in
correct use of English and referencing with later pieces building up to legal analysis and then
decision making giving a natural progression in the development of skills.

Feedback on Assessed Coursework

Feedback on formative assessments is provided immediately online in the form of model
answers which only become available to the student (but automatically so) once they have
attempted a submission of their own.
Feedback on summative assessments is provided by the module tutor. Feedback may
include annotated scripts, model answers, and audio feedback. Where assessments are
submitted via Turnitin then feedback is generally given using the Turnitin marking tools.

Module Assessment Methods

Please insert the information on module assessment methods set out in your
Programme Specification within the approved definitive document (CAT). Please
include core modules only.

Adjudication: Law & Practice

60

20

20

Construction Law Principles

80

Arbitration: Law & Practice

60

20

20

International Arbitration: Law & O

Practice
Professional Research
Y

60

20

20

Adjudication Decision Writing

Arbitration Award Writing

10
0

International Arbitration Y
Award Writing
Law & Practice of Claims
Y

10
0

Commercial Mediation

50

Presentation

20

Research Paper

Assignment 2

30

Literature Review

Assignment 1

50

RM Essay

Exam

Project

Module Titles
Law of Obligations & Evidence

Core (Y)

Assessment Method Mapping Please enter % weighting for a maximum of two pieces of
summative assessment per module. Add additional rows for available option choices and
add/delete rows where not needed for PG.

10

20

50

20

20

10
0

50

50

50

Employability and Professional Context

The course is accredited by the Chartered Institute of Arbitrators as giving exemption from
their examination requirements up to Fellowship level (subject to a satisfactory peer
interview) on both their Adjudication and Arbitration pathways to membership. These
being two of the primary methods of dispute resolution in the construction industry (which

employs a plethora of contracts and experiences as many contractual disputes), then a

formal qualification in this field is highly advantageous both to construction practitioners
and construction lawyers.
There is no formally recognised career path, but this qualification does make construction
practitioners who wish to work more with contractual and dispute matters rather more
attractive in the market place. It also serves to equip lawyers to be more effective within a
construction department of a law firm or as a company lawyer with a construction
company.
Many graduates also aspire to take up a consultancy role in the sphere of dispute resolution
either to advise clients who are parties to a dispute or to act as Arbitrators, Adjudicators or
Mediators.
Students are trained in appropriate Research Methods and encouraged to go on to publish
their research and to undertake further research after graduation. A few so far have
continued with a PhD but it is envisaged that more can be encouraged in this respect.
All students are encouraged to engage in CPD as this can provide supplementary knowledge
and cutting edge material to support coursework. CPD also provides networking
opportunities amongst professionals, and to this end the course leader is actively engaged in
the provision of CPD for a professional body and a learned society, to which all students, both
past and present are invited.

Work-Related Activities
N/A
Placement or Work-Related Activity Level:
N/A
Placement or Work-Related Activity Length in Weeks:
N/A
Type of Placement or Work-Related Activity:
N/A
Reference Points used in course design and delivery

All our courses leading to Leeds Beckett University awards have been designed and approved
in accordance with UK and European quality standards. Our courses utilise the Frameworks
for Higher Education Qualifications (FHEQ) and relevant subject benchmarks (where these are
available) and professional, statutory and regulatory body requirements (for professionally
accredited courses).
We review our courses annually and periodically, responding to student feedback and a range
of information to enhance our courses. Our University is also subject to external review by
the Quality Assurance Agency. Our latest report can be found on the QAA website at
http://www.qaa.ac.uk/reviews-and-reports
We appoint External Examiners to verify that our University sets and maintains standards for
awards which adhere to relevant national subject benchmark statements and the FHEQ (UK),
ensure standards and student achievements are comparable with other Higher Education
Institutions in the UK, with which they are familiar, and ensure that assessments measure
achievement of course and module learning outcomes and reach the required standard.
External Examiners may also provide feedback on areas of good practice or potential
enhancement.