Course Title: Administer the legal obligations of a building and construction contractor
Part B: Course Detail
Teaching Period: Term2 2024
Course Code: BUIL6431C
Course Title: Administer the legal obligations of a building and construction contractor
Important Information:
Please note that this course may have compulsory in-person attendance requirements for some teaching activities.
Please check your Canvas course shell closer to when the course starts to see if this course requires mandatory in-person attendance. The delivery method of the course might have to change quickly in response to changes in the local state/national directive regarding in-person course attendance.
School: 530T Built Environment and Sustainability
Campus: City Campus
Program: C5415 - Diploma of Building and Construction (Building)
Course Contact: Matthew Sweeney
Course Contact Phone: +61 3 9925 4105
Course Contact Email: matthew.sweeney@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Damian Di Rosa
damian.di.rosa@rmit.edu.au
Nominal Hours: 100
Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.
Pre-requisites and Co-requisites
None
Course Description
In this course you will develop the skills and knowledge required to administer the legal obligations of a building and construction contractor, as either party to a contract. This includes maintaining legal obligations, licensing and registration, and managing systems for ensuring compliance with legislation.
This course applies to builders, senior managers within building and construction organisations and other construction industry personnel responsible for administering and ensuring contractor obligations and responsibilities are fulfilled for building and construction projects.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
CPCCBC5007 Administer the legal obligations of a building and construction contractor |
Element: |
1. Establish legal requirements of the business |
Performance Criteria: |
1.1 Secure business registration of the organisation in accordance with owner/operator preferences and legal requirements. 1.2 Seek approval of licensing and registration as a contractor/supervisor from the appropriate government agency. 1.3 Investigate and meet legal responsibilities of operating a construction business. 1.4 Complete, submit and maintain accurate and secure legal documents and records. |
Element: |
2. Engage personnel for the project |
Performance Criteria: |
2.1 Identify and interpret relevant industrial awards for the hiring of staff or labour. 2.2 Determine contracts of employment on a case-by-case basis and implement the principles and legalities of workplace agreements. 2.3 Apply equal opportunity principles in all aspects of recruitment and selection of staff and other personnel. 2.4 Follow procedures for employment termination and redundancy. 2.5 Establish, document and implement dispute resolution processes as necessary. 2.6 Identify and implement workers compensation policies. |
Element: |
3. Meet work health and safety (WHS) requirements |
Performance Criteria: |
3.1 Comply with WHS legislation. 3.2 Investigate and apply for necessary approvals or permits from WHS authority prior to work commencing. 3.3 Inform workers of their rights and responsibilities and ensure a safe workplace that complies with legislative requirements. 3.4 Adhere to regulations relating to noise abatement and working hours. 3.5 Inform workers of personal and organisational obligations and ensure that workers have been inducted. 3.6 Facilitate and implement rehabilitation arrangements for employees returning from injury or illness. 3.7 Assist workers returning to work after injury or illness to regain full employment status as soon as practicable. |
Element: |
4. Administer business obligations |
Performance Criteria: |
4.1 Collect, record and make taxation and Goods and Services Tax (GST) payments in compliance with Australian Taxation Office (ATO) requirements. 4.2 Calculate and contribute individual worker's superannuation entitlements. 4.3 Evaluate and attain adequate personnel, property and project work insurance policies. 4.4 Implement and maintain consumer fair trading practices ethically, effectively and efficiently. |
Element: |
5. Comply with environmental requirements |
Performance Criteria: |
5.1 Introduce and use renewable materials as a primary aim, wherever possible, over non-renewable materials. 5.2 Minimise use of high energy materials and introduce low energy materials where practical. 5.3 Implement processes to ensure compliance with environmental protection and sustainability requirements. |
Learning Outcomes
On successful completion of this course you will have developed and applied the skills and knowledge required to demonstrate competency in the above elements.
Details of Learning Activities
The total number of scheduled hours of teaching, learning and assessment involved in this course includes all planned activities (face to face classes, lectures, workshops and seminars; online learning and other forms of structured teaching and learning). It also covers the amount of effort necessary to undertake, evaluate and complete all assessment requirements, observation of work performance, discussions with supervisors and others providing third party evidence and one on one and group assessment sessions with students.
You will be able to access course information and learning materials through the Learning Hub and may be provided with additional materials in class. Lists of relevant reference books, resources in the library and accessible Internet sites will be provided where possible. You will also use equipment and software packages in the laboratory for the project work. During the course, you will be directed to websites to enhance your knowledge and understanding of difficult concepts.
Teaching Schedule
Session/Date |
Theme |
Assessments |
|
15-21 July
|
This session will provide an introduction to the construction legal requirements cluster and will outline how the cluster will be delivered and assessed over the semester. Students will be introduced to a brief overview of the legal obligations of a building and construction contractor. Discuss steps and things to consider when deciding to establish a construction business. |
Assessment 1: Released Assessment 2: Released Assessment 3: Released Assessment 4: Released
AT1 |
|
22-28 July |
This session will focus on business policy and procedures – compliance with taxation, superannuation, insurance requirements and obligations to fair trade practice | AT1 |
|
29 July - 4 August |
This session will focus on working on, manage relevant regulations relating to OHS, welfare and workers comp, return to work policy, Recruitment, and environmental legislation. We will discuss the requirements of AT1 and the presentation |
AT1 |
|
5-11 August |
During this session we will recap weeks 1-3, and conduct presentations for AT1 in class | AT1 Due |
|
12-18 August |
Introduction and brief overview to what will be covered in regard to Residential & Commercial Tenders. What is a tender? Request for tender. Relevant building and construction regulations, codes and standards and the type of contract required to be prepared for the tenders. | AT2 |
|
19-25 August |
This session will cover tender documents e.g. - tender supporting documentation - Bill of quantities - Plans and drawings - Building information modelling |
AT2 |
|
26 August - 1 September |
This session will cover the following: - Identification of the class of building relevant to the tender submission. - Project risks associated with tendering. - how to create the tender submission document after receiving the RFT documentation. - Evaluation, approval, and endorsement process prior to submission of tender documentation |
AT2 |
|
Mid-semester break 2-6 September |
||
|
Census DateLinks to an external site. 2 September |
Census date is important, because if you miss the census date you might have to pay for study that you don’t want or need to do. | |
|
9-15 September |
This session will allow time for students to create their templates and work on their tender submission drafts for both the residential and commercial tender |
AT2 |
|
16-22 September |
This session will cover the interim tender submissions presented by students and seek feedback (consultation process outlined by teacher). Then amend documentation according to feedback. | AT2 |
|
23-29 September |
This session will cover the interim tender submissions presented by students and seek feedback (consultation process outlined by teacher). Then amend documentation according to feedback. Discuss for clarity AT2 part 1 & part 2 |
AT2 Due |
|
AFL Grand Final public holiday (Friday) 27 September |
||
|
30 September - 6 October |
In this session we will cover: -What constitutes a legally binding contract. -The various types of contracts and selecting appropriate contract to the type of construction -what constitutes a breach of contract -Termination of contracts A discussion will be held around the requirements for AT3 |
AT3 |
|
7-13 October |
In this session we will cover the -The documents included in the contract -Progress payments and extensions of time -Project/contract variations
A discussion will be held around the requirements of AT3 Part 2 |
AT3 |
|
14-20 October |
In this session we will cover: -Resolving contract disputes -Defects liability according to contract -Issuing appropriate certificates at completion of works
A discussion will be held around the requirements of AT3 Parts 3 & 4 |
AT3 |
|
21-27 October |
In this session students will continue to recap content they have learned in weeks 1-14. Students will be allowed time to prepare for AT4 and have the opportunity to seek clarification on any content previously covered in preparation of AT3. |
AT3 Due |
|
28 October - 3 November |
In this session students will continue to recap content they have learned in weeks 1-14. Students will be allowed time to prepare for AT4 and have the opportunity to seek clarification on any content previously covered in preparation of AT4. AT 4 will be conducted in a classroom environment under test conditions and due by end of last session |
AT 4 Due by end of last face to face session |
|
4-10 November |
This session is allocated to students requiring resubmission of assessment tasks 3 and 4 |
AT3 & AT4 resubmissions due this week |
|
Tuesday 5th November PUBLIC HOLIDAY Melbourne Cup |
|
|
|
10-16 November |
This session is allocated to moderation and resubmission of assessment at discretion of the moderation panel | |
|
17-23 November |
This session is allocated to moderation and resubmission of assessment at discretion of the moderation panel | |
|
Official Results Release DateLinks to an external site. 2 December |
Results released on this date |
Learning Resources
Prescribed Texts
References
Other Resources
All required resources will be provided in Canvas.
Overview of Assessment
Assessment for this course is ongoing throughout the semester. Your knowledge and understanding of course content is assessed through participation in class exercises, oral presentations and through the application of learned skills and insights to your written tasks. Full assessment briefs will be provided and can be found on CANVAS.
Assessment Tasks
Assessment Task 1: Registration of Business
Assessment Task 2: Tender Evaluation
Assessment task 3: Contract preparation and variations
Assessment Task 4: Knowledge Questions
Assessment Matrix
CPCCBC4003 Select, prepare and administer a construction contract | |||||||||||
Elements and Performance Criteria | |||||||||||
Element 1 Identify and analyse business contracts | |||||||||||
1.1 |
Recognise various types of building and construction contracts, their legal requirements and application. |
|
|
|
|
|
2 |
|
|
|
|
1.2 |
Analyse the importance of the intention to create legal relations. |
|
|
|
|
|
|
|
|
|
14 |
1.3 |
Read and interpret essential contract elements, terms, sections and clauses of a valid construction contract. |
|
|
|
|
|
All |
|
|
|
15, 16, 17
|
1.4 |
Evaluate rights, obligations and liabilities of all parties. |
|
|
|
|
|
|
|
|
|
20 |
1.5 |
Identify and analyse circumstances that constitute a breach of contract. |
|
|
|
|
|
|
|
|
|
18 |
1.5 |
Identify factors involved in the termination of contracts. |
|
|
|
|
|
|
|
|
|
18 |
1.7 |
Identify legislative requirements and procedures. |
|
|
|
|
|
1 |
|
|
|
13 |
Element 2: Select appropriate contract | |||||||||||
2.1 |
Communicate clearly and directly with all parties to confirm the capacity to form a binding agreement. |
|
|
|
|
|
1 |
|
|
|
|
2.2 |
Prepare and compile the range of documents that collectively make up the contract. |
|
|
|
|
|
3 |
|
|
|
1, 2 |
2.3 |
Establish factors and special conditions associated with the parties’ consent to a contract. |
|
|
|
|
|
1 |
|
|
|
|
2.4 |
Recognise and apply the requirements associated with an offer and acceptance of a contract. |
|
|
|
|
|
1 |
|
|
|
|
2.5 |
Select a contract appropriate to the type of construction. |
|
|
|
|
|
2 |
|
|
|
|
Element 3 Prepare the contract | |||||||||||
3.1 |
Draft appropriate contract accurately incorporating all details, including definitions of unreasonable or vexatious notice, repudiation of a contract by either party, conditions for completion at the cost of the contractor, ousting the contractor from the building or construction site and abandonment of a contract. |
|
|
|
|
|
2 |
|
|
|
7 |
3.2 |
Assess and schedule progress payments, including processes for applying for extension of time. |
|
|
|
|
|
2 |
|
|
|
7 |
3.3 |
Ensure any discrepancies or disagreements are resolved prior to contract preparation. |
|
|
|
|
|
1, 2 |
|
|
|
3, 12, 17 |
3.4 |
Ensure legality and validity of draft contract in consultation with relevant persons. |
|
|
|
|
|
4 |
|
|
|
|
3.5 |
Prepare final contract in accordance with the organisation’s legal process. |
|
|
|
|
|
4 |
|
|
|
|
Element 4 Administer the contract | |||||||||||
4.1 |
Process progress payments accurately as due under the contract. |
|
|
|
|
|
1.2 |
1, 2 |
1 |
|
12 |
4.2 |
Process applications for extension of time in accordance with organisational policies and contract conditions. |
|
|
|
|
|
|
2 |
|
|
|
4.3 |
Identify, negotiate and document variations to contract. |
|
|
|
|
|
|
3 |
|
|
|
4.4 |
Act to minimise liquidated damages or penalties nominated in the contract. |
|
|
|
|
|
|
3 |
|
|
|
4.5 |
Administer contract and resolve contractual disputes in accordance with contract and relevant legislation and regulations. |
|
|
|
|
|
|
3 |
|
|
18 |
4.6 |
Assess conditions for issuing a final certificate. |
|
|
|
|
|
|
|
1, 2 |
|
|
Element 5 Finalise a contract | |||||||||||
5.1 |
Apply process for practical completion of contract. |
|
|
|
|
|
|
|
1, 2 |
|
|
5.2 |
Finalise defects liability under a building or construction contract. |
|
|
|
|
|
|
|
|
1 |
|
5.3 |
Finalise contract in accordance with relevant legislation and contract provisions. |
|
|
|
|
|
|
|
2 |
|
|
5.4 |
Issue appropriate certificate upon completion of the contract work. |
|
|
|
|
|
|
|
1, 2 |
|
|
5.5 |
Complete and secure documentation arising from finalisation of a contract for records purposes. |
|
|
|
|
|
|
|
1 |
|
|
Foundation Skills | |||||||||||
Foundation skills essential to performance are explicit in the performance criteria of this unit of competency. |
|
|
|
|
|
|
|
|
|
|
|
Performance Evidence | |||||||||||
To demonstrate competency, a candidate must meet the elements and performance criteria of this unit by selecting, preparing and administering one contract for a construction project. |
|
|
|
|
|
|
|
|
|
|
|
In doing this, the candidate must: |
|
|
|
|
|
|
|
|
|
|
|
|
|
1.1 |
|
|
|
2, 4 |
|
|
|
|
|
|
|
|
|
|
|
2, 4 |
|
|
|
|
|
|
|
|
|
|
|
|
1, 3 |
|
|
|
|
|
|
|
|
|
|
|
1, 2, 3 |
|
|
|
|
|
|
|
|
|
|
|
|
1 |
|
|
|
Knowledge Evidence | |||||||||||
To be competent in this unit, a candidate must demonstrate knowledge of: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
13 |
|
|
|
|
|
|
|
1.2 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
8 |
|
Australian Standards |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
9 |
|
|
|
|
|
|
|
|
|
|
|
9 |
|
|
|
|
|
|
|
|
|
|
|
12 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
10 |
|
|
|
|
|
|
|
|
|
|
|
10 |
|
|
|
|
|
|
|
|
|
|
|
10 |
|
|
|
|
|
2 |
2 |
|
|
|
|
10 |
|
|
|
|
|
|
|
|
|
|
|
10 |
|
|
|
|
|
|
|
|
|
|
|
10 |
|
|
|
|
|
|
|
|
|
|
|
11 |
Other Information
Attendance Requirement - 85% for all students
Resubmission Policy: To pass this course, students must achieve a Satisfactory (S) result for all their Assessments (and parts of those assessments).
Students who do not achive a Satisfactory (S) result for their entire original submission for an Assessment will be provided with 1 (one) more submission opportunity (e.g. the resubmission) with a specific due date by their assessor. Students must achive a Satisfactory (S) result on their resubmission for that Assessment, by the due date given to them by their Assessor.
Students who fail to submit their assessment by the due date will be issued a DNS (Did Not Submit) result, which will not be overturned by teaching or managing staff. A DNS result will be overturned based on an approved Extention of Time or approved Special Consideration.
Credit Transfer and/or Recognition of Prior Learning (RPL):
You may be eligible for credit towards courses in your program if you have already met the learning/competency outcomes through previous learning and/or industry experience. To be eligible for credit towards a course, you must demonstrate that you have already completed learning and/or gained industry experience that is:
- Relevant
- Current
- Satisfies the learning/competency outcomes of the course
Please refer to http://www.rmit.edu.au/students/enrolment/credit to find more information about credit transfer and RPL.
Study and learning Support:
Study and Learning Centre (SLC) provides free learning and academic development advice to you.
Services offered by SLC to support your numeracy and literacy skills are:
- Assignment writing, thesis writing and study skills advice
- Maths and science developmental support and advice
- English language development
Please Refer http://www.rmit.edu.au/studyandlearningcentre to find more information about Study and learning Support
Equitable Learning Services (ELS):
If you are suffering from long-term medical condition or disability, you should contact Equitable Learning Services (ELS) to seek advice and support to complete your studies.
Please refer to https://www.rmit.edu.au/students/support-and-facilities/student-support/equitable-learning-services to find more information about services offered by Equitable Learning Services (ELS).
Late submission:
If you require an Extension of Submittable Work (assignments, reports or project work etc.) for 7 calendar days or less (from the original due date) and have valid reasons, you must complete and lodge an Application for Extension of Submittable Work (7 Calendar Days or less) form and lodge it with the Senior Educator/ Program Manager.
The application must be lodged no later than one working day before the official due date. You will be notified within no more than 2 working days of the date of lodgment as to whether the extension has been granted.
If you seek an Extension of Submittable Work for more than 7 calendar days (from the original due date) must lodge an Application for Special Consideration form under the provisions of the Special Consideration Policy, preferably prior to, but no later than 2 working days after the official due date.
Submittable Work (assignments, reports or project work etc.) submitted late without approval of an extension will not be accepted or marked.
Special consideration:
Please Refer http://www.rmit.edu.au/students/specialconsideration to find more information about special consideration
Plagiarism:
Plagiarism is a form of cheating and it is very serious academic offence that may lead to expulsion from the University.
Please Refer: www.rmit.edu.au/academicintegrity to find more information about plagiarism.
Other Information:
All email communications will be sent to your RMIT email address and you must regularly check your RMIT emails.
Course Overview: Access Course Overview