Read a quick overview of each chapter making up Construction Law Made Easy.
-
Chapter 1 Contract Law
This chapter looks at the fundamental issues of what constitutes a legally binding contract and the differences between a heads of agreement document, early works contract and letter of intent. The terms privity of contract and promissory estoppel are explained with examples.
-
Chapter 2 Project Delivery Methods
In this chapter we look at methods of project delivery including construct only, design and construct and project delivery. See how they work through diagrams and case studies.
-
Chapter 3 Tendering
Learn about the commonly used tendering processes and the necessary steps needed, the legal impact of a tender process contract and how to manage the main risks of tendering.
-
Chapter 4 Variations
This chapter deals with variations to the scope of works and services under a building contract. It explains how and when the variations power can be used and restricted. The procedures are discussed and what to do when things go wrong.
-
Chapter 5 Superintendents
The concept of a superintendent and how to appoint one in a building contract is defined. The role and obligations are explained with examples and a comparison of the Australian standard form contracts. Find out about the liability of a superintendent as agent to both a principal and contractor and in the role of a certifier.
-
Chapter 6 The Site
The site and the issues in accessing a building site are covered. Find out under what circumstances a principal will be able to repossess the site and the issues that may arise with neighbours and adjoining properties. Latent conditions are explained, what to do when you come across a latent condition and managing the risk of latent conditions.
-
Chapter 7 Security
Find out why security is given and about the different types of security: cash, undertaking or guarantee. Case studies and common standard form contractual clauses are used as examples to demonstrate how to call on security and when a court will stop security from being called.
-
Chapter 8 The Building Code of Australia
A review of what the Building Code is, why it was established, who maintains it, what it covers and how to use it are included in this chapter. The performance based system is diagramatically explained in an easy to follow hierarchy. The various assessment methods for an approval authority to see whether a building solution complies with the Code are covered.
-
Chapter 9 Payment
Payment covers progress payments, progress claims, progress certificates and final certificates. Included is an analysis of how commonly used Australian Standard contracts address payment regimes with real case studies as examples.
-
Chapter 10 Defects
Find out what a defect is and how they apply in construction contracts. The defects liability period is explained and what right to damages exists for recovering the costs of rectifying a defect.
-
Chapter 11 Time
Time in construction contracts looks at the concepts of practical completion, progress of the works, extension of time, delay and time bars. Managing time with a float and methods of assessing delay are examined.
-
Chapter 12 Liquated damages
Liquidated damages are explained and why you should use them in a construction contract. The difference between liquidated damages and a penalty are reviewed and when courts will not enforce a clause. There are different ways of completing a contract and what is put in the appendix or annexure of a contract may have an impact.
-
Chapter 13 Money for time
Delay, disruption and prolongation are described. Find out what contractual rights there are to delay or disruption damages and all about acceleration costs.
-
Chapter 14 Building industry regulation
This chapter provides an overview into building industry regulation in the states and territories of Australia. Licensing requirements, contract formalities, statutory warranties, home building insurance requirements and what to do if you have a complaint about a builder are covered.
-
Chapter 15 Security of payment
The Australian legislation covering security of payment is reviewed. Find out how to make a payment claim, how to respond and enforce your right to receive payment. Also covered is what an owner can do when faced with a contractor claiming under the legislation.
-
Chapter 16 Work health and safety
This chapter focuses on principal contractor obligations. The procedures for appointment and the obligations differ between the commonwealth, states and territories. The legislative requirements can have a major impact on property owners, tenants, developers and contractors. See how different scenarios will affect the principal contractor role.
-
Chapter 17 Termination
Find out how a contract is terminated or rescinded, what happens afterwards and what is repudiation of a contract. Sample case studies will make these contractual terms easier to follow.
-
Chapter 18 Dispute resolution
This chapter explains the various dispute resolution processes and identifies their advantages and disadvantages. Dispute resolution boards, negotiation, mediation, arbitration, expert determination and litigation are covered.
-
Chapter 19 Claims under the contract
Find out about general damages for breach of contract. What are indemnities and how amounts paid under indemnities differ from general damages.
-
Chapter 20 Claims outside the contract
This chapter covers what to do when things go wrong and there is not an appropriate remedy within the contract. The concepts of breach of contract, negligence, claims under statue, good faith obligations, estoppel, waiver and quantum meruit are explained.
-
Chapter 21 Proportionate liability
In this chapter find out what proportionate liability is, how it affects risk allocation, when it applies and in which parts of Australia you can contract out of proportionate liability obligations. The obligations are reviewed on a national basis.
-
Chapter 22 Green buildings
Find out what a green building is and all about the commonly used rating tools: the National Australian Built Environment Rating System (NABERS) and the Green Star. The legal framework and considerations in going green are also discussed.
-
Chapter 23 Design obligations
This chapter looks at design obligations, design responsibility and warranties.
-
Chapter 24 Fitness for purpose
Fitness for purpose and the consequences of a warranty of fitness for purpose are explained in this chapter.
-
Chapter 25 Personal property securities
Find out why the Personal Property Securities Act 2009 (Cth) is relevant in a construction context. Key concepts are explained including security interests, personal property and the priority and extinguishment rules. Practical examples are used to demonstrate these concepts including in the context of hiring equipment, supplying materials on a retention of title basis and ‘step in’ rights.
-
Chapter 26 Building Information Modelling
Find out about the use of Digital Engineering and Building Information Modelling in the construction industry. Case studies and international protocols are used as examples to demonstrate how BIM can be best utilised by the industry.