Category

Chapters

1
- How a legally binding contract is formed
- Heads of agreement
- Early works contract
- Letter of intent
- The effect of privity of contract
- The effect of promissory estoppel
2
- What are project delivery methods?
- Construct only
- Design and construct
- Project and construction management
- EPC and EPCM
- Relationship models
- Private Public Partnerships
- Choosing project delivery methods
3
- What is Tendering
- Common types of tender processes
- Usual steps in a tender process
- Tender process contracts
- Managing the main risks of tendering
4
- What are variations?
- Why have a variations power?
- When is the variations power limited?
- How do variations occur?
- Time bars
- Valuation of Variations
- What to do when things go wrong
5
- Who is the superintendent?
- Appointment of a superintendent
- Obligations of a superintendent
- Role of a superintendent
- Liability of a superintendent
6
- What is the site?
- Accessing the site
- Repossession of the site
- Neighbours and adjoining properties
- Latent conditions
- Managing the risk of latent conditions
7
- Why security is given
- Types of security
- Calling on security
- Releasing security
- Legislation affecting security
8
- What is the Building Code of Australia?
- What does the BCA cover?
- Fire safety and cladding
- What is the performance-based Building Code?
- How to satisfy the performance requirements
- Deemed-to-satisfy solutions
- Performance solutions
- Assessment methods
9
- Progress payments
- Payment claims
- Progress certificates
- Final certificates
10
- What is a defect?
- Rectification prior to completion of works
- Rectification after completion of works
- Defects liability period
- Quantum of damages
11
- Time in construction contracts
- Extension of time regimes
- Extension of time procedures
- The float
- Assessing delay
12
- What are liquidated damages?
- Why use liquidated damages clauses?
- The doctrine of penalties – when are liquidated damages unenforceable?
- Completing the contract
13
- Delay, disruption and prolongation
- Delay costs and delay damages
- Acceleration costs
14
- Building Industry Regulation
- NEW SOUTH WALES
- QUEENSLAND
- SOUTH AUSTRALIA
- TASMANIA
- VICTORIA
- WESTERN AUSTRALIA
- AUSTRALIAN CAPITAL TERRITORY
- NORTHERN TERRITORY
15
- What is Security of Payment legislation?
- NEW SOUTH WALES
- QUEENSLAND
- SOUTH AUSTRALIA
- TASMANIA
- VICTORIA
- WESTERN AUSTRALIA
- AUSTRALIAN CAPITAL TERRITORY
- NORTHERN TERRITORY
16
- What is a principal contractor?
- Appointment of a principal contractor
- Failure to appoint a principal contractor
- Responsibilities of principal contractors
- Scenario 1
- Scenario 2
- Scenario 3
17
- How is a contract terminated or rescinded?
- Common law right of termination
- Contractual right of termination
- Statutory right of termination
- Delay in termination
- Consequences of termination
- Rescission
- Determination
18
- Standard form contracts
- Negotiation and mediation
- Arbitration
- Litigation
- Expert determination
- Dispute Resolution Boards
19
- General damages and indemnities
- Nature of damages for breach of contract
- Calculation of damages for breach of contract
- Indemnities
- Warranties, representations and guarantees
- Disclaimers and exclusion clauses
20
- Claims outside the contract
- Breach of statutory duty
- Negligence
- Claims under statute
- Good faith obligations
- Quantum meruit
21
- What is proportionate liability?
- When will proportionate liability apply?
- The effect of proportionate liability on risk allocation
- Contracting out of proportionate liability
- How is apportionment of responsibility assessed?
- Responses to proportionate liability
22
- What is a green building?
- Commonly used rating tools
- Green Star
- NABERS
- IS Rating System
- NatHERS
- The legal framework
- Relevance of the Building Code of Australia
- Considerations in going green
23
- What is design?
- Who is responsible for design?
- Warranties
- Intellectual property rights in design
- Design obligations and the duty to warn
24
- What is ‘fitness for purpose’?
- Express ‘fitness for purpose’ terms
- ‘Fitness for purpose’ terms implied by common law
- ‘Fitness for purpose’ terms implied by statute
- ‘Fitness for purpose’ terms in consultancy agreements
- Industry standards, statutory regulations and their implications for ‘fitness for purpose’
- Duty to warn of defects in design
- Over what period does the ‘fitness for purpose’ term apply?
25
- Introduction to PPSA
- Understanding priority and extinguishment
- Practical examples
- Enforcing security interests
26
- What is Digital Engineering and Building Information Modelling?
- BIM in Australia
- International approaches to BIM

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Posted on June 10, 2020

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