CQUniversity Unit Profile
BLCN28003 Construction Contract Administration
Construction Contract Administration
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The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.
General Information

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

Career Level: Postgraduate
Unit Level: Level 8
Credit Points: 6
Student Contribution Band: 8
Fraction of Full-Time Student Load: 0.125

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 - 2023

Brisbane
Online
Perth
Sydney

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).

Class and Assessment Overview

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

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville
Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

1. Written Assessment
Weighting: 30%
2. Research Assignment
Weighting: 50%
3. Online Test
Weighting: 20%

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.

Previous Student Feedback

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 CQU Sute Student Feedback

Feedback

Although the thematic content of this subject is complicated, this unit provides clear examples explained in simple terms to complement the theory.

Recommendation

The learning and teaching will continue to link theory and practice with clear examples that student can relate to and learn about the Australian construction industry.

Feedback from CQU Sute Student Feedback

Feedback

Students appreciated developing understanding of topics from different perspectives, connecting their personal experiences with real world contexts.

Recommendation

This unit will continue to provide active learning connections between the students' knowledge and interests and the diverse areas of construction contract administration in industry practice.

Feedback from CQU Sute Student Feedback

Feedback

Students enjoyed the interactive classes, which incorporate students’ work and academic experiences with the learning content.

Recommendation

Students are encouraged to actively participate in live discussions during classes to better understand the learning content, develop their professional communication skills and network with other students in the group.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Critically analyse and reflect using cognitive and creative skills on legal concepts and their application for the construction industry
  2. Identify optimum contractual solutions using Australian Standards general conditions of contract
  3. Evaluate and interpret commonly used contract price and project delivery options to enable the procurement of complex construction projects
  4. Formulate and apply available remedies to construction contract disputes
  5. Evaluate and interpret the complexity of issues associated with identifying and selecting the different types of insurances used for construction projects.


Alignment of Learning Outcomes, Assessment and Graduate Attributes
N/A Level
Introductory Level
Intermediate Level
Graduate Level
Professional Level
Advanced Level

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 and Resources

Textbooks

Prescribed

Contract Administration for Construction Professionals

Edition: 1 (2022)
Authors: Coggins, J., Schwarz, S., Davies, M., and Ma, T.
LexisNexis Australia
www.lexis.com.au www.lexis.com.au , www.lexis. , Australia
ISBN: 978-0- 9043- 5084-5
Binding: eBook
Prescribed

Fundamentals of building contract management

Edition: 2nd (2009)
Authors: Uher, T. E., Uher, T., & Davenport, P.
UNSW Press
Sydney Sydney , NSW , Australia
ISBN: 9781742230214, 174223021
Binding: eBook

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
Referencing Style

All submissions for this unit must use the referencing style: Harvard (author-date)

For further information, see the Assessment Tasks.

Teaching Contacts
Gesa Ruge Unit Coordinator
g.ruge@cqu.edu.au
Schedule
Week 1 Begin Date: 10 Jul 2023

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.

Week 2 Begin Date: 17 Jul 2023

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%)

Week 3 Begin Date: 24 Jul 2023

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 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.

Week 4 Begin Date: 31 Jul 2023

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.

Week 5 Begin Date: 07 Aug 2023

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 Wednesday (9 Aug 2023) 11:45 pm AEST
Vacation Week Begin Date: 14 Aug 2023

Module/Topic

Lecture and Tutorial free Week

Chapter

Events and Submissions/Topic

Week 6 Begin Date: 21 Aug 2023

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 subcontracts. The tutorial activities support Assignment 2 preparation.

Week 7 Begin Date: 28 Aug 2023

Module/Topic

 Contractual conflict and 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 7 lecture and tutorial workshop investigate the contractual clauses related to contract negotiation and conflict resolution. Alternative dispute resolution pathways options are discussed. The tutorial workshop expands this topic and supports Assignment 2 preparation.

Week 8 Begin Date: 04 Sep 2023

Module/Topic

Litigation and arbitration processes

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

Week 9 Begin Date: 11 Sep 2023

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 (20% ;ULO 1,2,3,4,5; GA 1, 5/6 ). This online test engages the student in applying industry relevant knowledge 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 (5%). Part 3) Reflection on complex issue management and relevant skills for a contract administrator (5%) 


Assignment 2 Due: Week 9 Wednesday (13 Sept 2023) 11:45 pm AEST
Week 10 Begin Date: 18 Sep 2023

Module/Topic

Contract administration for project quality and reducing defects and liabilities

Chapter

The relevant documents with additional reading and resources will be available 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.

Week 11 Begin Date: 25 Sep 2023

Module/Topic

The role of the contract administrator: professional and ethical skills

Chapter

Review reading and learning material covered in this unit.

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.

Week 12 Begin Date: 02 Oct 2023

Module/Topic

Unit Learning Revision

Chapter

Review reading and learning material covered in this unit.

Events and Submissions/Topic

Week 12 Student led lecture and tutorial workshop to review and reflect on the learning and skills development in this unit.



Assignment 3 Due: Week 12 Wednesday (4 Oct 2023) 11:45 pm AEST
Review/Exam Week Begin Date: 09 Oct 2023

Module/Topic

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 16 Oct 2023

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Written Assessment

Assessment Title
Assignment 1

Task Description

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%)


Assessment Due Date

Week 5 Wednesday (9 Aug 2023) 11:45 pm AEST

Submission via Moodle unit site Turnitin


Return Date to Students

Week 7 Friday (1 Sept 2023)

via Unit Moodle site


Weighting
30%

Assessment Criteria

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 will receive formative and summative feedback.


Referencing Style

Submission
Online

Submission Instructions
Submission via Moodle unit site Turnitin

Learning Outcomes Assessed
  • 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


Graduate Attributes
  • Knowledge
  • Communication
  • Cognitive, technical and creative skills

2 Research Assignment

Assessment Title
Assignment 2

Task Description

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%)


Assessment Due Date

Week 9 Wednesday (13 Sept 2023) 11:45 pm AEST

Submission via Moodle Unit Site turnitin


Return Date to Students

Week 11 Friday (29 Sept 2023)

Via Moodle Unit Site


Weighting
50%

Assessment Criteria

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.


Referencing Style

Submission
Online

Submission Instructions
Submission via Moodle unit site Turnitin

Learning Outcomes Assessed
  • 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.


Graduate Attributes
  • Communication
  • Cognitive, technical and creative skills
  • Research
  • Ethical and Professional Responsibility

3 Online Test

Assessment Title
Assignment 3

Task Description

Assignment 3 (20% ; 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 (5%)

Part 3) Reflection on complex issue management and relevant skills for a contract administrator (5%)


Assessment Due Date

Week 12 Wednesday (4 Oct 2023) 11:45 pm AEST

Submission via Moodle Unit Site Turnitin


Return Date to Students

Exam Week Friday (20 Oct 2023)

Submission via Moodle unit site Turnitin


Weighting
20%

Assessment Criteria

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.


Referencing Style

Submission
Online

Submission Instructions
Submission via Moodle unit site Turnitin

Learning Outcomes Assessed
  • 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.


Graduate Attributes
  • Knowledge
  • Self-management

Academic Integrity Statement

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?