Chapter 24 Fitness for purpose

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
  • Introduction
  • 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