Links to chapter synopsis:
Chapters 1 to 6
Chapters 7 to 12
Chapters 13 to 18
Chapter Synopsis
This chapter looks at the fundamental issues of what constitutes a legally binding contract and the differences between a heads of agreement document, early works contract and letter of intent. The terms privity of contract and promissory estoppel are explained with examples.
In this chapter we look at methods of project delivery including construct only, design and construct and project delivery. See how they work through diagrams and case studies.
Learn about the commonly used tendering processes and the necessary steps needed, the legal impact of a tender process contract and how to manage the main risks of tendering.
This chapter deals with variations to the scope of works and services under a building contract. It explains how and when the variations power can be used and restricted. The procedures are discussed and what to do when things go wrong.
The superintendent
The concept of a superintendent and how to appoint one in a building contract is defined. The role and obligations are explained with examples and a comparison of the Australian standard form contracts. Find out about the liability of a superintendent as agent to both a principal and contractor and in the role of a certifier.
The site and the issues in accessing a building site are covered. Find out under what circumstances a principal will be able to repossess the site and the issues that may arise with neighbours and adjoining properties. Latent conditions are explained, what to do when you come across a latent condition and managing the risk of latent conditions.
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