Course description
Background and context:
This course is about legal & governance aspects of the construction process, especially the institutional legal & framework settings concerning the major players and the main interests concerned.
Legal aspects mainly rest in limitations and possibilities created by the legal system, as a context for interactions within and across the public and the private sector boundaries, during the complete life-cycle of the construction process. The relevant legal and institutional frameworks and their underpinnings will be explained and analysed and put into the perspective of 'real-life' problems. Insight into legal reasoning, as a specific methodology, will be practised through the use of legal literature and jurisprudence.
The main course topics will deal with both public and private law. The place and position of the future graduate in the construction process will serve as a guideline in the selection of these topics.
Course content:
The course consist of a legal & governance part. The legal part is divided into a private and public law part. The public law part concentrates on principles of spatial regulation on national, provincial and municipal level. Specific attention will be paid to the relationship with relevant property rights and with the major legal instruments and issues, such as spatial planning and licensing procedures, legal protection against public authorities and legal enforcement.
The private law part concentrates on procurement proceedings, contracting and responsibility and assurance matters in the field of the construction industry.
The governance part concentrates on describing and analysing markets, hierarchies and networks as governance modes in the construction sector. Special attention is given to the relations between governmental actors and the actors in the construction sector.
Course objectives:
- recognize important aspects of the institutional framework of the construction process and the governance modes that develop within this framework;
- recognize relevant legal aspects (within different phases) of the construction process and analyze these in the context of public and private institutional frameworks;
- estimate the weight and complexity of these aspects;
- develop ideas to deal with these aspects and provide solutions for problems or conflicts resulting from these aspects in accordance with the fundamental positions of the public and private sectors;
- understand options and solutions presented by legal experts.
Contact: dr. P.J. Klok