Contract Law Fundamentals for Public Sector

Course Overview

This one-day workshop provides participants with essential knowledge of contract law, focusing on the legal principles that underpin effective contract management within public sector contexts. Facilitated by highly qualified and experienced lawyers with a depth of experience across construction and engineering projects, the course bridges legal concepts with practical scenarios specific to the public sector. Participants will gain the confidence to understand and navigate contractual issues, mitigate risks, and enforce obligations across all phases of a contract’s lifecycle. 

Who Should Attend?

This course is ideal for staff working across all levels of government; Commonwealth, state and local state who are involved in establishing managing contracts, including in construction and engineering environments.

Learning Outcomes

By the end of the course, participants will be able to:

• Understand the fundamentals of contract law, including the key elements required for a valid contract.
• Identify and manage risks associated with contractual obligations, variations, and performance issues.
• Interpret key clauses such as termination, indemnities, liquidated damages, and force majeure.
• Apply legal principles to common scenarios in construction projects.
• Recognise public sector-specific considerations,
• Develop strategies to resolve disputes and avoid breaches.
• Effectively communicate contract law concepts with internal stakeholders and legal advisors.

Course Content

Introduction to Contract Law and the Public Sector Context

• Importance of contracts in public sector procurement and projects
• Overview of government rules and policies

Key Elements of a Valid Contract

• Offer, acceptance, and consideration
• Intention to create legal relations
• Capacity to contract
• Formalities: proper execution and party details

• General structure of contracts
• Principles of interpretation
• Equitable doctrines that may affect a contract
• Consequential damages

Formation and Scope of Construction and Engineering Contracts

• Key contract types
• Standard contracts used in the public sector
• The purpose and benefits of standard form contracts
• The purpose of special conditions
• Understanding contract scope, specifications, and deliverables

Key Contract Clauses and Risk Management

• Essential Terms
• Warranties
• Indemnities and liabilities
• Liquidated damages vs. penalties
• Variations and their implications on scope and budget
• Force majeure and managing unforeseen events

Contract Performance and Management

• Obligations of parties under the contract
• Monitoring and managing key performance indicators (KPIs)
• Handling delays, extensions of time (EOT), and practical completion

Dispute Resolution and Avoiding Breaches

• Alternative dispute resolution (ADR) methods (negotiation, mediation, arbitration and adjudication)
• Key steps to manage contract disputes and avoid escalation
• Case examples of disputes in construction

Termination

• Understanding valid termination
• Common law right to termination (breach of an essential term, repudiation)
• Case study: Carr v J A Berriman
• Effect of wrongful termination
• Quantum meruit

Public Sector Compliance

• Government guidelines and compliance requirements
• Legal obligations for fairness, probity, and transparency
• Consider clause stating that the contract does not limit the statutory powers of the authority (e.g. statutory approval processes) where the authority must act independently

Practical Case Studies and Group Exercises

• Hands-on activities to review and interpret sample contracts
• Scenarios on contractual disputes
• Facilitated group discussions to apply concepts in real-life settings

Summary and Key Takeaways

• Recap of essential legal principles
• Key strategies for managing contracts effectively
• Q&A session