Overview
This unit will first pave the foundation to understand how contracting parties engage in enforceable contracts, both in respect of building owners and contractors, as well as contractors and subcontractors. Then, you gradually 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. This will further ensure you become familiar with the circumstances of how contracts can be breached, the methods of providing remedy for the breaches, and of dispute resolution. The unit will then 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. All previous knowledge areas make you 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 - 2024
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 Student Unit Comments Report- T3- 2023
Students find excellent learning materials followed by real would scenario assessment questions within the unit delivery. This has led them to gain wealth of knowledge to apply in the current practice.
The same strategy will be adopted for future delivery.
Feedback from Student Unit Comments Report- T3- 2023
The lecturer should consider giving more specific/ individualized feedback for each question of the assessment tasks.
It is recommended to revisit and improve the marking rubrics of assessment tasks. At the same time, lecturer will be advised to provide assessment feedbacks considering specific/ individualized concerns/ points identified.
- Contrast and compare how contracting parties engage in enforceable contracts, both in respect of building owners and contractors, as well as contractors and subcontractors.
- Investigate the dynamics of the contract change during the course of the building project, in respect of variations and extensions of time.
- Discuss the circumstances of how contracts can be breached, the methods of providing remedy for the breaches, and of dispute resolution.
- Explain 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.
- Describe building contracts, and the application of government regulations that apply to building projects.
N/A
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | ||||
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | |
| 1 - Written Assessment - 25% | |||||
| 2 - Written Assessment - 35% | |||||
| 3 - Written Assessment - 40% | |||||
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 | |||||
Textbooks
Construction law in Australia
Edition: 4th (2018)
Authors: Bailey, Ian
Thomson Reuters Australia, Limited
Pyrmont Pyrmont , NSW , Australia
ISBN: 9780455500515
Binding: Hardcover
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Zoom app on your smart phone or access to Zoom on your laptop
- Microphone and headset (and prefereably a camera) to participate in Zoom sessions
- MS Teams
- Micorsoft Word or PDF software for preparation of assessment items in the appropriate format
- Microphone and headset (and preferably 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.
k.mirzaei@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
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
No teaching. It's catch-up time. Enjoy and utilize the break efficiently.
Chapter
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
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 Health and Safety (OH&S) Law in Relation to Construction Sites
Chapter
10
Events and Submissions/Topic
Module/Topic
Professional standards, liability and licensing for building professionals
Chapter
11
Events and Submissions/Topic
Module/Topic
Planning regulations and application requirements
Chapter
12
Events and Submissions/Topic
Module/Topic
No exam for this unit.
Chapter
Events and Submissions/Topic
1 Written Assessment
Assessment 1 is a Written-based assessment requiring students to read a Hypothetical case study and answer the questions related to comparing how contracting parties engage in enforceable contracts and investigating the dynamics of the contract change during the course of the building project, in respect of variations and extensions of time.
Week 5 Monday (2 Dec 2024) 11:59 pm AEST
Week 7 Monday (16 Dec 2024)
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.
- Contrast and compare how contracting parties engage in enforceable contracts, both in respect of building owners and contractors, as well as contractors and subcontractors.
- Investigate the dynamics of the contract change during the course of the building project, in respect of variations and extensions of time.
2 Written Assessment
Assessment 2 is a Written-based assessment requiring students to read a Hypothetical case study and answer the questions related to investigating the dynamics of the contract change during the course of the building project, in respect of variations and extensions of time, and discussing the circumstances of how contracts can be breached, the methods of providing remedy for the breaches, and of dispute resolution.
Week 9 Monday (13 Jan 2025) 11:59 pm AEST
Week 11 Monday (27 Jan 2025)
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.
- Investigate the dynamics of the contract change during the course of the building project, in respect of variations and extensions of time.
- Discuss the circumstances of how contracts can be breached, the methods of providing remedy for the breaches, and of dispute resolution.
3 Written Assessment
Assessment 3 is a Written-based assessment requiring students to read a Hypothetical case study and answer the questions related to explaining 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, and describing building contracts, and the application of government regulations that apply to building projects.
Week 12 Friday (7 Feb 2025) 11:59 pm AEST
Exam Week Friday (14 Feb 2025)
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.
- Explain 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.
- Describe building contracts, and the application of government regulations that apply to building projects.
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?
