Applied Construction Contract Law

This one-day advanced workshop is designed for public sector professionals ready to apply their knowledge of contract law in real-world construction projects.

Description

Course Overview

This one-day advanced workshop is designed for public sector professionals ready to apply their knowledge of contract law in real-world construction projects. Facilitated by construction and engineering lawyers, the course emphasises practical case studies, interactive discussions, and hands-on exercises.

Participants will explore complex legal concepts, analyse construction-specific clauses, and manage disputes, claims, and variations to enhance their contract management skills in alignment with public sector guidelines.

Who Should Attend?

Public sector staff managing contracts in construction and engineering projects, building on knowledge from the Contract Law Fundamentals course.

Learning Outcomes

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

  • Analyse and apply construction-specific clauses to real-world scenarios.
  • Identify legal risks and implement mitigation strategies.
  • Manage claims, variations, and disputes.
  • Evaluate and respond to complex contract issues, such as latent conditions and liquidated damages.
  • Understand dispute resolution processes, including mediation, arbitration, and litigation.
  • Ensure compliance with legislative and procurement requirements.
  • Collaborate with stakeholders and legal teams to manage contracts proactively.

 

Course Content

Principles of Construction Contracting

  • Understanding contract risk
  • Risk factors in construction
  • Risk shifting versus risk allocation

Types of Construction Contract

  • Contract documents
  • Types of Standard Form contracts
  • Treatment of Standard Form contracts
  • Process Contracts 

Key Construction Clauses

  • Warranties and Fitness for Purpose
  • Limitation of Liability and Proportionate Liability
  • Conditions precedent: Managing essential conditions and triggers
  • Force majeure clauses: Implications for construction projects
  • Indemnities and insurance: Managing risks through insurance provisions
  • Latent conditions: Identifying and responding to unforeseen issues
  • Contract risk pass-through
  • Examples of key clauses

Extensions of Time (EOT)

  • Key contract dates: Contractual Completion Date versus Actual Completion Date (date for practical completion versus date of practical completion)
  • Qualifying causes of delay: entitlement to make an EOT claim
  • Delay damages: entitlement to claim for costs
  • Liquidated Damages
  • Understanding time bars: Estoppel and waiver  
  • EOT claims: Legal implications and best practices for approval

Variations

  • Definition of variation
  • Managing variations: Procedure, scope changes, and pricing

Role of the Superintendent and Contract Administrator

  • Superintendent's dual role as an agent and independent certifier
  • Managing stakeholder relationships between contractors, principals, and the superintendent
  • Case study: Independence of the Superintendent

Construction-Specific Disputes and Claims

  • Common causes of disputes: Contract administration, poor and unsubstantiated claims, erroneous or missing contract documents
  • Claims assessment: Evaluating entitlement and ensuring contract compliance

Dispute Resolution Mechanisms in Construction

  • Key causes of disputes in construction
  • ADR options: Mediation, arbitration, expert determination and dispute boards
  • Litigation vs. ADR: When to escalate and how to mitigate risks
  • Case study: Analysis of construction disputes from public sector projects

Security of Payment Act

  • Introduction to Security of Payment Legislation
  • Key Documents: the Payment Claim and Payment Schedule
  • The Adjudication Process
  • Enforcement
  • Other remedies to recover payment
  • Various case studies: John Holland Pty Ltd v Cardno MBK, GW Engineering t/as Forefront Services v CMOC Mining, Style Timber Floor Pty Ltd v Krivosudsky, Turnkey Innovative Engineering v Witron Australia

Legislative Compliance and Public Sector Obligations

  • Overview of key legislative requirements

Practical Application Exercise

  • Group simulation: Navigating disputes and identifying key issues
  • Facilitated discussion on best practices in construction contract management

Delivery Format

  • Case studies and simulations based on real-life construction scenarios
  • Interactive discussions with experienced lawyers and industry professionals
  • Group exercises to apply concepts in practical contexts