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 - 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 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.
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 Sute Student Evaluation
Best aspects of the class were the clear and knowledgeable explanations
Lectures and tutorials will continue to provide up to date knowledge, real-life examples and industry relevant learning material.
Feedback from Sute Student Evaluation
Some field visits or practical knowledge should be added to the unit.
A site visit was held for Perth Students in a previous term and an industry expert visited in class this term. From 2024 face to face classes led by lecturers on Sydney and Brisbane campuses will further connect to the local construction industry.
- 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
There are no required textbooks.
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.
o.ogunmakinde@cqu.edu.au
Module/Topic
Introduction to contract administration and principles of construction contracts.
Chapter
Recommended reading textbooks: 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 the principles of law for construction contracts and their underlying concepts.
Module/Topic
Australian construction contracts, general conditions, and special clauses.
Chapter
Recommended reading textbooks: Goldfayl, Chapter 2, and other resources provided on the weekly Moodle learning site.
Events and Submissions/Topic
Week 2 lecture and tutorial workshop investigates Australian construction contracts in terms of legal structure, standard forms, general conditions, and special clauses.
Introduction to Assessment 1 (30%), which addresses ULOs 1 and 2, and GA 1, 2, and 3. This assignment engages students in learning topics from Week 1 to 4.
Assignment 1 (30%)
In this written assignment, students will demonstrate their understanding of the contractual structures and contracts relevant to different types of construction projects and the application of relevant Australian standard form of contract and clauses. The assessment is divided into four parts:
Part 1: Contractual structures analysis (10%)
Part 2: Contract clause analysis (10%)
Part 3: Contractual solution recommendation (5%)
Part 4: Learning reflection on topics from weeks 1 to 4 (5%)
Module/Topic
Contract administration across the project lifecycle.
Chapter
Recommended reading textbooks: Goldfayl, Chapter 3, and other resources provided on the weekly Moodle learning site.
Events and Submissions/Topic
Week 3 lecture and tutorial workshop expand knowledge and skills in contract administration across the lifecycle (initiation, planning, design, procurement, construction, handover, and operation) of construction projects.
Module/Topic
Managing project progress, subcontractors and variations in contract
Chapter
Recommended reading textbooks: Goldfayl, Chapters 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 in contracts regarding time, cost, risk, quality, and sustainability outcomes are explored.
The tutorial workshop activities expand the lecture topic and introduce students to Assignment 2.
Assessment 2 (Group Assignment: 50%) addresses ULOs 3, 4, and 5; and GA 2, 3, 4, and 6. This major research assignment consists of a literature review and a case study assessment. The assignment is divided into three sections:
Part 1: Contract pricing and project delivery options for an Australian-based construction project (15%).
Part 2: Construction contract dispute and remedies for an Australian-based construction project (15%)
Part 3: Construction insurance requirements for an Australian-based construction project (15%)
Presentation and research, including the appropriate use of the CQU Harvard reference style and the current literature (5%).
Module/Topic
Skills development for effective contract administration
Chapter
Revise reading and learning Weeks 1–4 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 Weeks 1–4 and explore the skills and responsibilities of a contract administrator. Assignment 1 is due this week.
The tutorial workshop provides more information about Assignment 2 and answers any questions students may have.
Assignment 1 Due: Week 5 Friday (9 Aug 2024) 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 subcontracts. The tutorial activities support Assignment 2 preparation.
Module/Topic
Contractual conflict and Alternative Dispute Resolution
Chapter
Recommended reading textbooks: Goldfayl, Part 2, Chapters 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 are discussed. The tutorial workshop expands this topic and supports Assignment 2 preparation.
Module/Topic
Litigation and arbitration processes
Chapter
Recommended reading textbooks: Goldfayl, Part 2, Chapters 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 textbooks: Goldfayl, Part 4, Chapters 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.
Assignment 2 Due: Week 9 Friday (13 Sept 2024) 11:45 pm AEST
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 introduce assignment 3.
Introduction to Assessment 3 (Online Quiz: 20%), which addresses ULOs 1, 2, 3, 4, 5, and GA 1, 5/6.
It is an online quiz consisting of 15 MCQs and 5 fill-in-the-blank questions randomly selected from a pool of questions.
Module/Topic
The role of the contract administrator: professional and ethical skills
Chapter
Review the 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 explore the professional and ethical skill sets involved. The tutorial workshop activities support students' skill development as they progress towards the completion of Assignment 3 and the unit.
Module/Topic
Unit Learning Revision
Chapter
Review the reading and learning material covered in this unit.
Events and Submissions/Topic
Week 12: A student-led lecture and tutorial workshop to review and reflect on the learning and skills development in this unit. Assignment 3 is due this week.
Assignment 3 Due: Week 12 Friday (4 Oct 2024) 11:45 pm AEST
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
Assessment 1 (Written Assignment: 30%) addresses ULOs 1 and 2, and GA 1, 2, and 3.
This assignment engages students in learning topics from Week 1 to 4.
In this written assignment, students will demonstrate their understanding of the contractual structures and contracts relevant to different types of construction projects and the application of relevant Australian standard form of contract and clauses. The assessment is divided into four parts:
Part 1: Contractual structures analysis (10%)
Part 2: Contract clause analysis (10%)
Part 3: Contractual solution recommendation (5%)
Part 4: Learning reflection on topics from weeks 1 to 4 (5%)
Week 5 Friday (9 Aug 2024) 11:45 pm AEST
Submission via Moodle unit site Turnitin
Week 7 Friday (30 Aug 2024)
via Unit Moodle site
The assignment will be assessed based on the quality of each student's submission as well as its relevance and coherence to the subject matter and tasks. This includes clear argumentation and the use of quality references (in-text and bibliography). The content prepared is to expand beyond the learning material provided and demonstrate the student's development of the unit learning outcomes and graduate attributes. Students will use a marking rubric for their review and get 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
Assessment 2 (Group Assignment: 50%) addresses ULOs 3, 4, and 5; and GA 2, 3, 4, and 6.
This major research assignment consists of a literature review and a case study assessment. The assignment is divided into three sections:
Part 1: Contract pricing and project delivery options for an Australian-based construction project (15%).
Part 2: Construction contract dispute and remedies for an Australian-based construction project (15%)
Part 3: Construction insurance requirements for an Australian-based construction project (15%)
Presentation and research, including appropriate use of the Harvard referencing style (5%).
Week 9 Friday (13 Sept 2024) 11:45 pm AEST
Submission via Moodle Unit Site turnitin
Week 11 Friday (27 Sept 2024)
Via Moodle Unit Site
The assignment is a group assignment with a maximum of 3 students in each group. The assignment will be assessed based on the quality of each group's submission as well as its relevance and coherence to the subject matter and tasks. This includes clear argumentation and the use of quality references (in-text and bibliography). The content prepared is to expand beyond the learning material provided and demonstrate the student's development of the unit learning outcomes and graduate attributes. Each group will use a marking rubric for their review and get 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
Assessment 3 (Online Quiz: 20%) addresses ULOs 1, 2, 3, 4, 5, and GA 1, 5/6.
It is an online quiz consisting of 15 MCQs and 5 fill-in-the-blank questions randomly selected from a pool of questions.
Week 12 Friday (4 Oct 2024) 11:45 pm AEST
Submission via Moodle Unit Site Turnitin
Exam Week Friday (18 Oct 2024)
Submission via Moodle unit site Turnitin
The system will automatically assess the assignment while the unit coordinator reviews the grades.
- 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?
