Overview
In Construction Contract Administration you will be introduced to the principles of law, contract administration, and dispute resolution in the construction industry. In this unit, you will investigate a range of issues and claims arising in the construction process. In particular, you will develop an understanding of certain general conditions and legal concepts relevant to contracts such as unjust enrichment, frustration, waiver, estoppel, and specific performance. You will also gain knowledge of alternative dispute resolution methods and become familiar with the Building and Construction Industry Security of Payment Act.
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 2 - 2021
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 Postgraduate 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.
- Critically analyse and reflect using cognitive and creative skills on legal concepts and their application for the construction industry
- Identify optimum contractual solutions using Australian Standards general conditions of contract
- Evaluate and interpret commonly used contract price and project delivery options to enable the procurement of complex construction projects
- Formulate and apply available remedies to construction contract disputes
- Evaluate and interpret the complexity of issues associated with identifying and selecting the different types of insurances used for construction projects.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | ||||
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | |
| 1 - Written Assessment - 30% | |||||
| 2 - Research Assignment - 50% | |||||
| 3 - Online Test - 20% | |||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | ||||
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | |
| 1 - Knowledge | |||||
| 2 - Communication | |||||
| 3 - Cognitive, technical and creative skills | |||||
| 4 - Research | |||||
| 5 - Self-management | |||||
| 6 - Ethical and Professional Responsibility | |||||
| 7 - Leadership | |||||
| 8 - 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 | |
| 1 - Written Assessment - 30% | ||||||||
| 2 - Research Assignment - 50% | ||||||||
| 3 - Online Test - 20% | ||||||||
Textbooks
Construction Contract Administration
2nd edition
Authors: Greg Goldfayl
Newsouth Books
Sydney Sydney , NSW , Australia
ISBN: 9780868405179
Binding: eBook
Construction Contract Administration for Project Owners
Edition: 1st edn
Authors: Claude G. Lancome
Taylor and Francis
London London , UK
ISBN: 9781138244252
Binding: Paperback
Introduction to Construction Contract Management
Edition: 1st
Authors: Brian Greenhalgh
Taylor and Francis
London London , UK
ISBN: 9781138844179
Binding: Paperback
Additional Textbook Information
Paper and eBook versions can be purchased at the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code)
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing style: Harvard (author-date)
For further information, see the Assessment Tasks.
r.webber@cqu.edu.au
Module/Topic
Introduction to contract administration and principles of construction contracts
Chapter
Recommended reading textbook Goldfayl, Chapter 1 and other resources provided on the weekly Moodle learning site.
Events and Submissions/Topic
Week 1 Unit introduction, learning and teaching activities and assessment for learning. The lecture and tutorial workshop provide an introduction to principles of law for construction contracts and underlying concepts.
Module/Topic
Australian construction contracts, general conditions and special clauses
Chapter
Recommended reading textbook Goldfayl, Chapter 2 and other resources provided on the weekly Moodle learning site.
Events and Submissions/Topic
Week 2 lecture and tutorial workshop investigate the Australian construction contracts in terms of legal structure, standard forms, general conditions and special clauses.
Introduction to Assessment 1 (30%) (ULO 1 and 2, GA 1,2,3).
This assignment engages students in learning topics Week 1 to 4 and consists of:
Part 1) Research, critical analysis and reflection on the contractual structures and contracts relevant to different types of construction projects (15%)
Part 2) Analysis of project specific situations and application of relevant Australian standards form of contracts and clauses (10 %)
Part 3) Learning reflection on topics week 1 to 4 (5%)
Module/Topic
Contract administration across the project lifecycle
Chapter
Recommended reading textbook Goldfayl, Chapter 3 and other resources provided on the weekly Moodle learning site.
Events and Submissions/Topic
Week 3 lecture and tutorial workshop explore contract administration activities across the project lifecycle stages. Critical activities related to changes in project parameters are explored through practice focused scenarios for learning.
The tutorial workshop activities support assignment 1 preparation.
Module/Topic
Managing project progress, subcontractors and variations to contract
Chapter
Recommended reading textbook Goldfayl, Chapter 5 and 6 and other resources provided on the weekly Moodle learning site.
Events and Submissions/Topic
Week 4 lecture and tutorial workshop expand knowledge and skills in monitoring project progress and proactive engagement with the project team, sub-contractors and suppliers. Variations to contracts regarding time, cost, risk, quality and sustainability outcomes are explored.
The tutorial workshop activities expand the lecture topic and support assignment 1 preparation.
Module/Topic
Skills development for effective contract administration
Chapter
Revise reading and learning Week 1 to 4 and other resources provided on the Moodle learning site.
Events and Submissions/Topic
Week 5 lecture and tutorial review and reflect on the learnings of Week 1 to 4 and explore the skills and responsibilities of a contract administrator.
Submission of Assignment 1 is due this week.
Introduction to Assessment 2 (50%, ULO 3,4 and 5; GA 2,3,4 and 6).
This major research assignment consists of :
Part 1) Literature review and identification of key risks and opportunities for contract administration of Australian construction projects (25%)
Part 2) Case study research and analysis with development of project specific recommendations (25%)
Assignment 1 Due: Week 5 Friday (13 Aug 2021) 11:45 pm AEST
Module/Topic
Lecture and tutorial free week
Chapter
Events and Submissions/Topic
Module/Topic
Security of Payment Act
Chapter
The relevant documents with additional reading and resources will be available on the Moodle learning site.
Events and Submissions/Topic
Week 6 lecture and tutorial workshop cover the Security of Payment Act and its determination of progress claims for construction contracts and sub-contracts.
The tutorial activities support assignment 2 preparation.
Module/Topic
Contract negotiation and conflict resolution
Chapter
Recommended reading textbook Goldfayl, Part 2, Chapter 3 and 4, as well as resources provided on the weekly Moodle learning site.
Events and Submissions/Topic
Week 7 lecture and tutorial workshop investigate the contractual clauses and processes for construction contract negotiation and conflict resolution.
The tutorial workshop expands this topic and supports assignment 2 preparation.
Module/Topic
Litigation, arbitration & alternative dispute resolution
Chapter
Recommended reading textbook Goldfayl, Part 2, Chapter 3 and 4, as well as resources provided on the weekly Moodle learning site.
Events and Submissions/Topic
Week 8 lecture week and tutorial analyse contractual clauses and construction project specific conditions arising through litigation, arbitration & alternative dispute resolution.
The tutorial workshop activities support assignment 2 completion.
Module/Topic
Contract administration for project completion and post-construction
Chapter
Recommended reading textbook Goldfayl, Part 4, Chapter 8 and 9, as well as resources provided on the weekly Moodle learning site.
Events and Submissions/Topic
Week 9 lecture and tutorial workshop explore the detailed aspects relevant for successful project completion, hand-over and post-construction contract administration.
Assessment 2 is due this week.
Introduction to Assessment 3 (30% ; ULO 1,2,3,4,5; GA 1, 5/6 )
This assignment engages the student in applying knowledge and skills developed throughout this unit and consists of :
Part1) Development of a project specific framework for on-site contract administration (10%)
Part 2) Preparation for a project dispute resolution situation (10%)
Part 3) Reflection on complex issue management and relevant skills for a contract administrator (10%)
Assignment 2 Due: Week 9 Friday (17 Sept 2021) 11:45 pm AEST
Module/Topic
Contract administration for project quality and reducing defects and liabilities
Chapter
Recommended reading textbook Goldfayl, Chapter 4, 6 and 7, as well as resources provided on the weekly Moodle learning site.
Events and Submissions/Topic
Week 10 lecture and tutorial workshop explores a range of factors and contexts supporting project quality and reducing defects and liabilities.
The tutorial workshop activities expand the lecture topics and supports assignment 3 preparation.
Module/Topic
The role of the contract administrator: professional and ethical skills
Chapter
The relevant documents with additional reading and resources will be available on the weekly Moodle learning site.
Events and Submissions/Topic
Week 11 lecture and tutorial workshop review and reflect on the important role of the contract administrator as part of the construction project team and explores the professional and ethical skill sets involved.
The tutorial workshop activities support students' skills development and continues assignment 3 towards completion.
Module/Topic
Unit review with end of term industry networking event
Chapter
Review reading and learning material covered in this unit.
Events and Submissions/Topic
Week 12 lecture and tutorial workshop review and reflect on the learning and skills development in this unit. Students are invited to the end of term industry networking event.
Assignment 3 is due this week.
Assignment 3 Due: Week 12 Friday (8 Oct 2021) 11:45 pm AEST
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
Assignment 1 (30%) (ULO 1 and 2, GA 1,2,3).
This assignment engages students in learning topics Week 1 to 4 and consists of:
Part 1) Research, critical analysis and reflection on the contractual structures and contracts relevant to different types of construction projects (15%)
Part 2) Analysis of project specific situations and application of relevant Australian standards form of contracts and clauses (10 %)
Part 3) Learning reflection on topics week 1 to 4 (5%)
Week 5 Friday (13 Aug 2021) 11:45 pm AEST
Week 7 Friday (3 Sept 2021)
The assignment will be assessed on quality of work submitted, relevance and coherence to the specific question and tasks. This includes clear argumentation and use of quality references (in-text and bibliography).
The content prepared is to expand beyond the learning material provided and demonstrates the student's development of the unit learning outcomes and graduate attributes.
Students will work with a marking rubric for self-review and receive formative and summative feedback.
- Critically analyse and reflect using cognitive and creative skills on legal concepts and their application for the construction industry
- Identify optimum contractual solutions using Australian Standards general conditions of contract
- Knowledge
- Communication
- Cognitive, technical and creative skills
2 Research Assignment
Major research assignment (50%, ULO 3,4 and 5; GA 2,3,4 and 6) consists of :
Part 1) Literature review and identification of key risks and opportunities for contract administration of Australian construction projects (25%)
Part 2) Case study research and analysis with development of project specific recommendations (25%)
Week 9 Friday (17 Sept 2021) 11:45 pm AEST
Week 11 Friday (1 Oct 2021)
The assignment will be assessed on quality of work submitted, relevance and coherence to the specific question and tasks. This includes clear argumentation and use of quality references (in-text and bibliography).
The content prepared is to expands beyond the learning material provided and demonstrates the student's development of the unit learning outcomes and graduate attributes.
Students will work with a marking rubric for self-review and receive formative and summative feedback.
- Evaluate and interpret commonly used contract price and project delivery options to enable the procurement of complex construction projects
- Formulate and apply available remedies to construction contract disputes
- Evaluate and interpret the complexity of issues associated with identifying and selecting the different types of insurances used for construction projects.
- Communication
- Cognitive, technical and creative skills
- Research
- Ethical and Professional Responsibility
3 Online Test
Assignment 3 (30% ; ULO 1,2,3,4,5; GA 1, 5/6 )
This assignment engages the student in applying knowledge and skills developed throughout this unit and consists of :
Part 1) Development of a project specific framework for on-site contract administration (10%)
Part 2) Preparation for a project dispute resolution situation (10%)
Part 3) Reflection on complex issue management and relevant skills for a contract administrator (10%)
Week 12 Friday (8 Oct 2021) 11:45 pm AEST
Exam Week Friday (22 Oct 2021)
The assignment will be assessed on quality of work submitted, relevance and coherence to the specific question and tasks. This includes clear argumentation and use of quality references (in-text and bibliography).
The content prepared is to expands beyond the learning material provided and demonstrates the student's development of the unit learning outcomes and graduate attributes.
Students will work with a marking rubric for self-review and receive formative and summative feedback.
- Critically analyse and reflect using cognitive and creative skills on legal concepts and their application for the construction industry
- Identify optimum contractual solutions using Australian Standards general conditions of contract
- Evaluate and interpret commonly used contract price and project delivery options to enable the procurement of complex construction projects
- Formulate and apply available remedies to construction contract disputes
- Evaluate and interpret the complexity of issues associated with identifying and selecting the different types of insurances used for construction projects.
- Knowledge
- Self-management
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?
