Overview
This unit will enable you to: understand how contracting parties engage in enforceable contracts, both in respect of building owners and contractors, as well as contractors and subcontractors; obtain knowledge of how the dynamics of the contract change during the course of the building project, in respect of variations and extensions of time; become familiar with the circumstances of how contracts can be breached, the methods of providing remedy for the breaches, and of dispute resolution; consider the legal framework of government legislation in terms of the Acts of Parliament that relate to Builders Licensing, the Building Code of Australia, The Development Act and Occupational Health and Safety; become competent in the reading and understanding of building contracts, and the application of government regulations that apply to building projects.
Details
Pre-requisites or Co-requisites
There are no requisites for this unit.
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 3 - 2019
Attendance Requirements
All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
Recommended Student Time Commitment
Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.
Class Timetable
Assessment Overview
Assessment Grading
This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure – International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback – Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
Feedback, Recommendations and Responses
Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.
Feedback from "Have your say" student unit evaluation survey
Lectures, materials and assessments are very well organised and makes it easy to progress through the unit. Very articulate and easy to follow instructions for all assessments and weekly forum reminders also. Feedback was provided in a timely manner and all questions answered promptly.
Lecturer to maintain the same delivery strategy.
Feedback from "Have your say" student unit evaluation survey
There is some updating required in the material as to current legislation.
Study guide to be updated as to current legislation.
Feedback from "Have your say" student unit evaluation survey
The quiz was a little confusing with some double negatives being used (did make me think about the question a little more) that could trick students.
Make the questions of the quiz clearer and easier to understand.
- Understand how contracting parties engage in enforceable contracts, both in respect of building owners and contractors, as well as contractors and subcontractors
- Obtain knowledge of how the dynamics of the contract change during the course of the building project, in respect of variations and extensions of time
- Become familiar with the circumstances of how contracts can be breached, the methods of providing remedy for the breaches, and of dispute resolution
- Consider the legal framework of government legislation in terms of the Acts of Parliament that relate to Builders Licensing, the Building Code of Australia, The Development Act and Occupational Health and Safety
- Become competent in the reading and understanding of building contracts, and the application of government regulations that apply to building projects.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | ||||
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | |
| 1 - Written Assessment - 5% | |||||
| 2 - Written Assessment - 20% | |||||
| 3 - Written Assessment - 5% | |||||
| 4 - Written Assessment - 30% | |||||
| 5 - Online Quiz(zes) - 10% | |||||
| 6 - Written Assessment - 30% | |||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | ||||
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | |
| 1 - Communication | |||||
| 2 - Problem Solving | |||||
| 3 - Critical Thinking | |||||
| 4 - Information Literacy | |||||
| 5 - Team Work | |||||
| 6 - Information Technology Competence | |||||
| 7 - Cross Cultural Competence | |||||
| 8 - Ethical practice | |||||
| 9 - Social Innovation | |||||
| 10 - Aboriginal and Torres Strait Islander Cultures | |||||
Alignment of Assessment Tasks to Graduate Attributes
| Assessment Tasks | Graduate Attributes | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
| 1 - Written Assessment - 5% | ||||||||||
| 2 - Written Assessment - 20% | ||||||||||
| 3 - Written Assessment - 5% | ||||||||||
| 4 - Written Assessment - 30% | ||||||||||
| 5 - Online Quiz(zes) - 10% | ||||||||||
| 6 - Written Assessment - 30% | ||||||||||
Textbooks
Construction law in Australia
Edition: 4th (2018)
Authors: Bailey, Ian
Thomson Reuters Australia, Limited
Pyrmont Pyrmont , NSW , Australia
ISBN: 9780455500515
Binding: Hardcover
Additional Textbook Information
Please check the unit Moodle website for additional reading - AUSTRALIAN GOVERNMENT- DEPARTMENT OF FOREIGN AFFAIRS AND TRADE. n.d. . The land and its people [Online].
Available on:
http://dfat.gov.au/about-australia/land-its-people/Pages/government.aspx
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Microphone and headset (and prefereably a camera) to participate in Zoom sessions
All submissions for this unit must use the referencing style: Harvard (author-date)
For further information, see the Assessment Tasks.
p.kalutara@cqu.edu.au
Module/Topic
Sources and application of law, torts and contracts
Chapter
1
Events and Submissions/Topic
Module/Topic
Types of building contracts
Chapter
2
Events and Submissions/Topic
Module/Topic
The role of contract documents
Chapter
3
Events and Submissions/Topic
Module/Topic
Consequences of breach of contract
Chapter
4
Events and Submissions/Topic
Module/Topic
No teaching. It's catch-up time. Enjoy and utilize the break efficiently.
Chapter
Events and Submissions/Topic
Module/Topic
Tendering procedures for building projects
Chapter
5
Events and Submissions/Topic
Module/Topic
Subcontracting arrangements
Chapter
6
Events and Submissions/Topic
Module/Topic
Arbitration systems and options
Chapter
7
Events and Submissions/Topic
Module/Topic
Negligence and the law of torts
Chapter
8
Events and Submissions/Topic
Module/Topic
Regulation of construction
Chapter
9
Events and Submissions/Topic
Module/Topic
Application of Occupational and Work Health and Safety Law
Chapter
10
Events and Submissions/Topic
Module/Topic
Professional standards, liability and licencing for building professionals
Chapter
11
Events and Submissions/Topic
Module/Topic
Planning regulations and application requirements
Chapter
12
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
This is a short written response to the questions that relate to understanding sources and application of law, torts and contracts.
Week 2 Friday (22 Nov 2019) 11:45 pm AEST
Submit via the assessment portal on the Moodle home page
Week 4 Friday (6 Dec 2019)
Within two weeks of submission.
The following criteria will be used to evaluate the submissions.
- Level of understanding of the scope of work for relevant aspects as evidenced by the extent of information available;
- Evidence of comprehension of the key issues through the use of appropriate conventions and the accuracy and relevance of information provided;
- Appropriate application of legal or related procedures;
- Evidence of technical ability through clarity, neatness and presentation of work and application of legal principles to the information at hand.
- Understand how contracting parties engage in enforceable contracts, both in respect of building owners and contractors, as well as contractors and subcontractors
- Communication
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Ethical practice
2 Written Assessment
Questions will relate to sources and application of law, torts and contracts, types of building contracts and the role of contract documents.
Week 4 Friday (6 Dec 2019) 11:45 pm AEST
Submit via the assessment portal on the Moodle home page
Week 5 Friday (20 Dec 2019)
Within two weeks of submission
The following criteria will be used to evaluate the submissions.
- Level of understanding of the scope of work for relevant aspects as evidenced by the extent of information available;
- Evidence of comprehension of the key issues through the use of appropriate conventions and the accuracy and relevance of information provided;
- Appropriate application of legal or related procedures;
- Evidence of technical ability through clarity, neatness and presentation of work and application of legal principles to the information at hand.
- Understand how contracting parties engage in enforceable contracts, both in respect of building owners and contractors, as well as contractors and subcontractors
- Obtain knowledge of how the dynamics of the contract change during the course of the building project, in respect of variations and extensions of time
- Become familiar with the circumstances of how contracts can be breached, the methods of providing remedy for the breaches, and of dispute resolution
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Ethical practice
3 Written Assessment
This is a short written response to the questions that relate to the consequences of breach of contract and tendering procedures for building projects
Week 7 Monday (6 Jan 2020) 11:45 pm AEST
Submit via the assessment portal on the Moodle home page
Week 9 Monday (20 Jan 2020)
Within two weeks of submission.
The following criteria will be used to evaluate the submissions.
- Level of understanding of the scope of work for relevant aspects as evidenced by the extent of information available;
- Evidence of comprehension of the key issues through the use of appropriate conventions and the accuracy and relevance of information provided;
- Appropriate application of legal or related procedures;
- Evidence of technical ability through clarity, neatness and presentation of work and application of legal principles to the information at hand.
- Understand how contracting parties engage in enforceable contracts, both in respect of building owners and contractors, as well as contractors and subcontractors
- Obtain knowledge of how the dynamics of the contract change during the course of the building project, in respect of variations and extensions of time
- Become familiar with the circumstances of how contracts can be breached, the methods of providing remedy for the breaches, and of dispute resolution
- Consider the legal framework of government legislation in terms of the Acts of Parliament that relate to Builders Licensing, the Building Code of Australia, The Development Act and Occupational Health and Safety
- Communication
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Cross Cultural Competence
- Ethical practice
4 Written Assessment
Questions will relate to the consequences of breach of contract, tendering procedures for building projects, subcontracting arrangements and arbitration systems and options.
Week 9 Friday (24 Jan 2020) 11:45 pm AEST
Submit via the assessment portal on the Moodle home page
Week 11 Friday (7 Feb 2020)
Within two weeks of submission.
The following criteria will be used to evaluate the submissions.
- Level of understanding of the scope of work for relevant aspects as evidenced by the extent of information available;
- Evidence of comprehension of the key issues through the use of appropriate conventions and the accuracy and relevance of information provided;
- Appropriate application of legal or related procedures;
- Evidence of technical ability through clarity, neatness and presentation of work and application of legal principles to the information at hand.
- Understand how contracting parties engage in enforceable contracts, both in respect of building owners and contractors, as well as contractors and subcontractors
- Obtain knowledge of how the dynamics of the contract change during the course of the building project, in respect of variations and extensions of time
- Become familiar with the circumstances of how contracts can be breached, the methods of providing remedy for the breaches, and of dispute resolution
- Consider the legal framework of government legislation in terms of the Acts of Parliament that relate to Builders Licensing, the Building Code of Australia, The Development Act and Occupational Health and Safety
- Become competent in the reading and understanding of building contracts, and the application of government regulations that apply to building projects.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Cross Cultural Competence
- Ethical practice
5 Online Quiz(zes)
Quiz questions will be drawn from the following: understanding sources and application of law, torts and contracts, types of building contracts, the role of contract documents, the consequences of breach of contract, tendering procedures for building projects, subcontracting arrangements, arbitration systems and options, the role of Australian Standards and the application of Occupational Health and Safety law to construction.
1
Other
Week 11 Friday (7 Feb 2020) 11:45 pm AEST
Refer to instructions on Moodle home page
Week 12 Monday (10 Feb 2020)
Within 24 hours of due date or submission date (whichever is the latest)
The following criteria will be used to evaluate the submissions.
- Level of understanding of the scope of work for relevant aspects as evidenced by the extent of information available;
- Evidence of comprehension of the key issues through the use of appropriate conventions and the accuracy and relevance of information provided;
- Appropriate application of legal or related procedures;
- Evidence of technical ability through clarity, neatness and presentation of work and application of legal principles to the information at hand.
- Understand how contracting parties engage in enforceable contracts, both in respect of building owners and contractors, as well as contractors and subcontractors
- Obtain knowledge of how the dynamics of the contract change during the course of the building project, in respect of variations and extensions of time
- Become familiar with the circumstances of how contracts can be breached, the methods of providing remedy for the breaches, and of dispute resolution
- Consider the legal framework of government legislation in terms of the Acts of Parliament that relate to Builders Licensing, the Building Code of Australia, The Development Act and Occupational Health and Safety
- Become competent in the reading and understanding of building contracts, and the application of government regulations that apply to building projects.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Cross Cultural Competence
- Ethical practice
6 Written Assessment
Questions will relate to the role of Australian Standards, the application of Occupational Health and Safety law to construction, statutory requirements for regulation of building works, licensing requirements for building professionals and planning regulations and their application.
Exam Week Friday (21 Feb 2020) 11:45 pm AEST
Submit via the assessment portal on the Moodle home page
Exam Week Friday (21 Feb 2020)
Within two weeks of submission .
The following criteria will be used to evaluate the submissions.
- Level of understanding of the scope of work for relevant aspects as evidenced by the extent of information available;
- Evidence of comprehension of the key issues through the use of appropriate conventions and the accuracy and relevance of information provided;
- Appropriate application of legal or related procedures;
- Evidence of technical ability through clarity, neatness and presentation of work and application of legal principles to the information at hand.
- Understand how contracting parties engage in enforceable contracts, both in respect of building owners and contractors, as well as contractors and subcontractors
- Obtain knowledge of how the dynamics of the contract change during the course of the building project, in respect of variations and extensions of time
- Become familiar with the circumstances of how contracts can be breached, the methods of providing remedy for the breaches, and of dispute resolution
- Consider the legal framework of government legislation in terms of the Acts of Parliament that relate to Builders Licensing, the Building Code of Australia, The Development Act and Occupational Health and Safety
- Become competent in the reading and understanding of building contracts, and the application of government regulations that apply to building projects.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Cross Cultural Competence
- Ethical practice
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.
What can you do to act with integrity?
