CPCCBC4003A: Select And Prepare A Construction - Knowledge Assessment Report Writing Assignment Help

Select And Prepare A Construction Writing Assignment Help

Assignment Task:

• What is a contract?

A contract is a legally binding or valid agreement between two parties. The law will consider a contract to be valid if the agreement contains all of the following elements:  

1. offer and acceptance;  
2. an intention between the parties to create binding relations;
3. consideration to be paid for the promise made;  
4. legal capacity of the parties to act;
5. genuine consent of the parties; and
6. legality of the agreement.  

• What is a ‘breach’ of contract?

Breach of contract by one party may entitle the other party to regard the contract as at an end. However, it is rarely as simple as that. There are some breaches of contract that do not give the wronged party the right to end the contract but only entitle a claim to be made for monetary damages to make up for any loss suffered.

• What are the key requirements for forming a contract?

The requisite elements that must be established to demonstrate the formation of a legally binding contract are

1. offer;
2.  acceptance;
3. consideration;
4.  mutuality of obligation;
5.  competency and capacity; and, in certain circumstances,
6.  a written instrument.

• Who are the parties to a contract?

There are at least two parties involved in a contract: the promisor, promise and, sometimes, a third party beneficiary may be named. Each party has a different obligation to the contract terms. The beneficiary in a contract generally does not have the same level of responsibility for the contract's performance

• What are some of the main rules relating to consideration?
• What is a ‘term’ within a contract?
• What are ‘general conditions’?
• What is the purpose of a ‘clause’ within a contract?
• What is the purpose of a ‘rise and fall clause’ within a construction contract?
• What are ‘conditions’ within a contract?
• What are ‘implied terms’ relating to goods and services?
• What is ‘estoppel’?
• What are progress payments?
• What is the range of documents that collectively make up a contract?
• What are some of the types of contracts available in the construction industry?
• What are some of the pros and cons of using readily available and standardised contracts?
• What is a ‘cost plus’ contract and some of the potential issues associated with it?
• What is a ‘guaranteed maximum price (GMP)’ contract?
• What are some of the potential issues with a GMP contract?
• What is an Australian Standards contract?
• What is a lump sum contract?
• From whom can advice be sought in the preparation of a contract?
• What is the best way to cater for rise and fall within a contract?
• Describe in general terms, the major ways a contract can be discharged?
• What are some of the factors that can lead to the termination of a contract?
• How and why are extensions of time dealt with in a contract?
•  What are the two primary pieces of legislation for building in Queensland?
•  For a residential building work worth more than $5,000 in NSW, what should be included in the contract?
• A client has requested information about getting out of a building contract she has signed with you for a residential building in Footscray, Victoria.  What would you tell her?

Contract Preparation and Report

Part 1 – Prepare a contract and all supporting documentation for a residential Project

Part 1 requires you to select the building contract that is appropriate for the residential project provided. You are then to complete the contract for the residential project. Completing the contract means that you are to complete and/or draft any supporting documentation for the contract that would be required for its acceptance by a client and approval by your shire and state. The supporting documentation is also to be provided to your assessor. Prepare a contract around the following scenario: The contract is between Peter Thompson and Supreme Constructions Pty Ltd.  Mr Thompson has received a number of quotations for his home build in Rowville and has decided to enter into a contract for the build with Supreme Constructions Pty Ltd as the builder.  The basis of the contract is that Peter Thompson and Supreme Constructions Pty Ltd agree that the entire contract is conditional on Peter obtaining $328,000 of home loan finance from Westpac for which he has a current application pending, within 21 days of the execution of the contract. Supreme Constructions Pty Ltd charges a variation fee $1,200 should a client request a variation to the signed contract.  This fee is on top of materials, labour and the builder's margin and this should be included in the contract. The total contract price is for $410,000 plus GST and Peter Thompson and Supreme Constructions Pty Ltd have agreed to Progress Payment Method A, with the maximum allowable deposit being charged.  Both parties agree that progress claims and the final payment are to be claimed within 5 days of being submitted. Both Peter Thompson and Supreme Constructions Pty Ltd agree that Peter is to pay the cost of cross-over if Peter has not already provided it or it needs to be relocated.

Part 2 – Contract Report

Part 2 requires you to write a report about the preparation of the contract for the residential project. You should explain:

• the reason the particular contract was selected
• the legislative and regulatory requirements considered in preparing the contract
• the reason particular clauses were added or deemed not applicable to the contract, if appropriate
• how the causes for breach of contract were determined
• the requirements for the offer and acceptance of the contract
• the requirements for termination of the contract
• how the rise and fall amounts will be determined
• the factors determining the schedule of progress payments for the contract
• the requirements for an extension of time on the contract
• any other factors you considered in the preparation of the contract

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