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CPCCBC4003A-Low-Rise Construction Project Contract

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  • Course Code: CPCCBC4003A
  • University: Victoria University
  • Country: Australia

Question

Choose an actual construction project/site that has access to a range of building contracts, for the purposes of providing evidence of various types of building contracts appropriate to low rise construction.n You must provide sufficient evidence that meets the purpose of assessment asndescribed. As a minimum, discussion must cover:
 
1.types of building and construction contracts

2.what constitutes a valid contract and the essential terms and elements of the contract

3.legal requirements and relationships as defined by the contract

4.the rights and responsibilities of parties under a contract

5.circumstances that may bring about a breach of contract

6.legislative requirements as identified in the contract and applied to the carrying out of the contract.

 

Answer:

why the particular contract type was chosen for the selected project/site

The chosen type of contact for this low-rise construction project is the drawing and design kind of project. Preferably, there a number of reasons for choosing this type of contact and the advantages which they have cannot be underestimated.  First and foremost, this type of contact offers the various approaches and ways include outlining the building procedure. It also, outlines how the contractor should carry out various stages of construction such as formworks, solid works as well as earthworks.

whether a different contract for the select project/site may have been more suitable, stating the reasons why this is the case

Although other types of contracts such the bill of quantity will be appropriate, the design contact is more appropriate since it helps the contactor to work as per the outlined stages as well as the design works. Also, the bill of quantities for the works mainly prepared as per the outlined drawing and thus, this will offer quality output as compared to other types of contract.

The range of documents that may be required for the chosen contract

Some of the range of the documents particularly required for this type of contract mainly outlined as discussed below

Commencing and the Building Works Schedules

According to Cunningham (2014) usually, the building works begins after the entire builder has received all the necessary building permits and the appropriate planning approvals. The work therefore may begin 20 days after all these have been met and the owner has satisfied the requirements of clause 4. At times, the building may commence before the contract period (Baldwin and Bordoli 2014).

Risk

Clause 23 outlines all that needs to be taken in cases of risk. It is practical that by signing the contract and agreement forms, the builder takes full responsibility of all the materials provided to him by the owner. In actual sense, any loss and damages must take care of by the builder with an exception that if the damages are caused by the owner by an act of omission. On the contrary, the builder is not to be held responsible for damages and losses to the properties of the owner which the owner is responsible for but left on the site. Furthermore, the builder is not responsible for natural calamities and personal injury, death, loss of property or damages which are caused by war or even terrorism (Windapo and Ogunsanmi 2014 p.734).

Practical Completion

The builder must notify the owner at least within a period of 5 days prior to the completion. This is important since it allows the owner to do any inspection before the work ends and also prepare for the remaining amount to be settled at the completion of the overall work (Xu, Ma and Ding 2014 p.126).

Final Certificate

The certificate of occupancy must not remain with the builder after the completion of the building or even final certificate of inspection relating to the building just concluded (Hollands, 2014). 

 

Dispute Resolution

In an event that a dispute arises, either of the party is required to give a written notice to the other party stating the dispute. The two parties i.e. the owner and the builder must meet within a period of 10working days from the effect of the date of issuance. After the matter is resolved must put down the resolution in writing and sign (Wright, Cho and Hastak 2014).

The reasons why the chosen contract is legally valid

There are a number of reasons which makes the contract legally valid. First and foremost, the contract document mainly termed as a legal document which has the legal agreements and this often binds all the parties involved. There are different elements which make the chosen contract legally valid and they are discussed as follows

Consent: this contract has all the parties involved working in a mutual agreement as well as communicating and interacting mutually freely (Baldwin and Bordoli 2014).

Object: all the related parameters in this tender or contact mainly discussed as Australian laws and regulations and thus, it follows the legal context required.

Considerations: this contract outlines all the legal requirements as far as the payment, dispute resolution, work specifications as well as the overall completions should be conducted.

The requirements associated with the offer and acceptance of the contract.

irst and foremost, there acceptance offer need to be in the written format and also must be signed by the seller decisively.  Moreover, it is important to ensure that the offer is not only unambiguous but also clear by ensuring that it does not have any two contracting  meaning in the meantime.  Furthermore, it is important to communicate the offer to the parties involved as the conclusion procedure for the overall contract acceptance and validation.

Conclusion

In summary, the analysis examined the contract document in line with the construction of the new dwelling as well as residential houses in Australia. The paper equipped the learners with knowledge related to overall aspects in line with contract. Some of the key and vital elements mainly explored and included in the analysis include mode of payment, conditions, schedules, particulars of the contract as well as the conflict resolutions on the emerging issues. 

 

References

Baldwin, A. and Bordoli, D., 2014. Handbook for construction planning and scheduling. John Wiley & Sons.

Cunningham, T., 2014. The work and skills base of the quantity surveyor in Ireland-An introduction.

Hollands, D.E., 2014. Alternative dispute resolution in construction. ADR, Arbitration, and Mediation, p.83.

Windapo, A.O. and Ogunsanmi, O.E., 2014. Evaluation of the barriers to the use of appropriate constructability practices on construction projects. Journal of Construction Project Management and Innovation, 4(1), pp.734-754.

Wright, E.R., Cho, K. and Hastak, M., 2014. Assessment of critical construction engineering and management aspects of nuclear power projects. Journal of Management in Engineering, 30(4), p.04014016.

Xu, X., Ma, L. and Ding, L., 2014. A framework for BIM-enabled life-cycle information management of construction project. International Journal of Advanced Robotic Systems, 11(8), p.126

OR

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