Construction Law and Contracts

The two areas of this course, construction law and contract administration are inextricably joined and key to the success of a construction project. They are also critical areas to be understood and relied upon when conflicts arise in projects. Contract administration is a role generally undertaken by a Quantity Surveyor and is a critical part of any project that requires an understanding of the project in terms of the construction components, cash-flow, progress claims, variations, bonds, insurances and contractual claims including the relevant clauses in the forms of contracts. The contract administrator plays an essential role in carrying out critical responsibilities and contributes to the success of a project. Quantity Surveyors therefore have legal liabilities in the course of providing their professional service and some jurisdictions require Quantity Surveyors to be registered. The course looks at aspects of the Australian legal system that relate to building and construction, in particular with respect to licenses, contracts, relevant legislation and the avenues available for conflict and dispute resolution. Building contracts are a key part of any construction project. Various forms of contract, their application and effect on projects are discussed together with how unfair contract clauses or contracts are assessed by the courts. The structure and the role of the Australian Institute of Quantity Surveyors (AIQS), as the internationally recognised peak professional standards body for Quantity Surveyors in Australia, is reviewed including its structure, by-laws, and code of conduct assessed, with regards to how they are applied to Quantity Surveyors within their role in the project and project team.