Training does not cost, training pays...
We run three courses, a general course, an advanced course and a master class. All our courses run over two days from 8.30am to 4.00pm and include all catering and study materials.
Understanding Building & Construction Tenders & Contracts - Part One
This course offers a comprehensive introduction to contract law in the building, construction and mining industry. The course delivers practical instruction regarding basic concepts of contract law and explores statute law, common law and the contract. The purpose of the course is to teach industry participants to understand how contracts are formed and administered. This course is a must for anyone involved in drafting tender and contract documentation, purchasing, contract administration, project management and the supervision and/or management of contracts in general.
Course Outline
Unit One - Contract law
- Contract law 101
- Security of payment legislation
- The tender process
- Privity of contract
- Back to back contracting
- Australia standard contracts AS2124-1992 and AS4000-1997
- Damages for breach of contract vs liquidated damages
Unit Two - Parties to the contract
- Legal status of a superintendent
- The role of a superintendent
- Appointing a superintendent
- Powers of a superintendent
- Challenging the decisions of a superintendent
- Obligations of a principal
- Obligations of a contractor
Unit Three - Nature of the contract
- Construct only contracts vs design and construct contracts
- Lump sum contracts and provisional sums
- Cost plus contracts
- Schedule of rates contracts
- Bills of quantities
- Limits of accuracy
Unit Four - Contractual documentation
- Reading contracts
- Understanding special conditions
- Resolving ambiguity
- Technical vs performance specifications
- Qualification registers
- Contractual risk allocation
Unit Five - Variations
- What constitutes a variation?
- Procedure for ordering variations
- Variations for the convenience of the contractor and value engineering
- Valuation methodology
Unit Six - Extensions of time
- The advantages of an extension of time regime
- The obligation to complete in time
- Consequences of late completion
- How extension of time affects liability for liquidated damages
- Separable portions
- Qualifying causes of delay
- Notices of delay and claims for extensions of time
- Critical path and float
- Mitigation of delay
- Concurrency
- Acceleration
Unit Seven - Delay and disruption costs
- Entitlement to delay and disruption costs
- Mitigation of delay costs
- Valuation of delay costs
Understanding Building & Construction Tenders & Contracts - Part Two
It is a prerequisite for this course that a participant has completed the first part of the course. The second part of the course expands participants’ knowledge of contract law and focuses on teaching participants to use statute law, common law and the contract in unison to ensure that the Company reserves its rights and preserves its legal position.
The purpose of the course is to teach industry participants to effectively use building & construction law to administer contracts, respond to contractual claims and manage disagreements with a view to preventing disputes escalating towards litigation.
Course Outline
Unit One - Advanced contract law
- Contract law 102
- Incorporation by reference
- Collateral contracts
- Estoppel and waivers
- Termination of contract
- Back charging
- Damages for breach of contract
- Repudiation
- Limitation of actions
Unit Two - Alternative business structures and insolvency
- Partnerships
- Trusts
- Companies
- Receivership, administration and liquidation
- Rights of unsecured creditors in insolvency
- Safe harbour laws
Unit Three - Security and defects
- Retention
- Bank guarantees
- Reduction or conversion of security
- Project bank accounts
- Practical completion and final completion
- Defect liability periods
Unit Four - Building & Construction Industry Security of Payments Act 2021 (WA)
- When does the legislation apply?
- The mining exclusion
- Pay when paid clauses
- Time bars
- Claiming and payment processes
- Adjudication
- New retention scheme
Unit Five - Liabilities and indemnities
- Indemnity clauses
- Direct loss, consequential loss and loss of profits
- Caps on indemnity provisions
- Impact on insurance coverage
Unit Six - Advanced variations
- Letters of intent vs letters of acceptance
- Negative variations and omissions from scope
- Valuation of negative variations
- Negative variations vs termination
Unit Seven - Advanced extensions of time and delay and disruption costs
- Time bars
- Ongoing delays and refresh notices
- Mitigation of delay
- Valuation of delay costs
Unit Eight - Latent conditions
- What is a latent condition?
- Entitlement to payment for latent conditions
- Valuation of latent condition costs
- Relied upon information
- Liability for incorrect geotechnical advice
Management and Negotiation of Contractual Disputes
The Management and Negotiation of Contractual Disputes Master Class is a comprehensive course which teaches participants how to manage and negotiate a construction dispute. It is a prerequisite for this course that a participant has completed Understanding Building & Construction Tenders & Contracts Part One and Part Two.
The Master Class builds on the theoretical knowledge gained in the first two courses and delivers practical instruction regarding the assessment of your contractual position, preparation of a strategy to manage the dispute, preparation of written documentation necessary to progress the dispute and facilitate a settlement. The purpose of the course is to teach industry participants to effectively use management strategies and written communication to prepare or respond to contractual claims or manage disagreements to prevent disputes escalating towards litigation.
The Master Class is very interactive with participants divided into teams to prepare their position and then act out mock dispute meetings and adjudications.
Class sizes absolutely capped at 20 people.
The Master Class covers the following topics:
- Further Advanced Law on Variations, Extension of Time and Delay and Disruption Cost
- Negotiation and Mediation Theory and Techniques
- How to make an Assessment of your Contractual Position
- Dispute Resolution Avenues - Estimated Costs and Timelines
- Preparation of a Notice of Dispute
- Preparation of Adjudication Paperwork
- Statutory Demands
- Preparation of Settlement Paperwork and Deeds of Release
In-house Training Courses
All our courses can be delivered in-house and tailored to suit individual company requirements. We deliver in house training courses all over Australia. Regardless of where your organisation is based, we can bring our training courses to you. Call us today for a quote.
Courses Fees
| COURSE TITLE | COURSE FEE | COURSE FEE CTF SUBSIDISED |
|---|---|---|
|
Understanding Building & Construction Tenders & Contracts - Part One |
$1495 (incl GST) |
Full Course Fee: $1495 CTF Subsidy: -$496 Total: $999 (incl GST) |
| Understanding Building & Construction Tenders & Contracts - Part Two | $1595 (incl GST) |
Full Course Fee: $1595 CTF Subsidy: -$496 Total: $1099 (incl GST) |
| Management and Negotiation of Contractual Disputes | $1695 (incl GST) |
Not eligible for CTF subsidy |
| In-house Training Courses | Please call us to discuss |
Claiming the CTF Subisdy
A subsidised Course Fee is available for both training courses delivered under the auspice of Scope Training to persons eligible to receive the CTF subsidy. If you are claiming the CTF subsidy you will need to complete a work history form and return it with your registration. Work history forms are available on CTF's website or upon request from us. For full eligibility details please contact us or visit CTF's website ctf.wa.gov.au.
The Construction Training Fund provides funding support for training of eligible workers in the construction industry. We acknowledge the support of the Construction Training Fund in reducing the costs of training for eligible workers.