After successful completion of the course, students are able to identify the core legal questions in the handling of large projects and to conduct a professional exchange with experts from this area (e.g. lawyers). They can identify the cases in which public procurement law applies and know which requirements must be observed when commissioning major projects by the public sector. They have knowledge about the main types of contract that are concluded in complex construction projects right from the planning to the final completion of a project; as well as contracts that are relevant to the real estate industry after a project has been completed. The students are able to detect the legal issues of non-compliance with these contracts and know the related consequences.
The content of the course is on the one hand public procurement law, with its European and international references. In this area, the following questions are addressed: For which projects is procurement law relevant? In which cases a Europe-wide and international tenders must be carried out? What types of award procedures are there (the focus will be on the competitions and the negotiation procedure, as well as the implementation of complex projects in a competitive dialogue; innovative procurement will also be dealt with). How does a procurement procedure work? How should the tender documents be designed? What should be considered when submitting an offer? How is the best offer determined? How is the procurement-specific legal protection provided? Another large content-related complex of the course concerns the contractual design of the project realisation (the contract as a result of the procurement procedure, but also generally apart from the implementation of a procurement procedure). It will be dealt with the contract types relevant for project realisation and construction (e.g. construction contract, general planning contract, architect contract, ...) and the typical content as well as performance disruptions for these contract types (e.g. construction delay, builder liability, reference to Austrian standards and other technical standards, ...) will be discussed. In three course units, Mag. Sophie Braun, architect at Investor United Benefits, will give an insight into her practical experience with contracts in the field of real estate management and in one course unit Dr. Michael Hecht, partner at fwp, will give practical insights into procurement law from the perspective of a lawyer.
Lecture. The contents will be preferably developed using practice-oriented examples and in a joint discourse with the students. Inclusion of a practitioner who will talk about the course related content from the practical perspective of a real estate company.
The lecture will take place physically in the lecture hall and be supported by the TUWEL-Course (where materials will be uploaded). If the pandemic situation makes it necessary, we will have to switch to online lectures via Zoom. This will be announced in advance.
Written exam - multiple choice and open questions
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