Elements and Performance Criteria
- Identify and analyse the essential elements, sections and clauses of a business contract.
- Various types of building and construction contracts are identified and the appropriate application of each type is analysed.
- Legislative requirements relating to building and construction contracts are identified and applied.
- Essential terms and elements of a valid contract are identified and analysed.
- Importance of identifying an intention to create legal relations is analysed.
- Rights and liabilities of parties under a contract are identified and analysed.
- Common building contract terms and procedures are identified and applied.
- Circumstances that bring about a breach of contract are identified and analysed.
- Select an appropriate contract for the works to be undertaken.
- Contract, appropriate for the type of construction, is accurately selected.
- Range of documents that collectively make up a contract is accurately identified and prepared.
- Requirements associated with an offer and acceptance of a contract are accurately identified and applied.
- Capacity of the parties to form a binding agreement in the form of a contract is confirmed.
- Factors associated with the parties' consent to a contract are identified and applied.
- Identify and apply the factors involved in the termination of a business contract.
- Impact and effects of repudiation of a contract by one party are identified and analysed.
- Agreed definition of acceptance of repudiation by the other party is identified and applied.
- Definitions of unreasonable or vexatious notice are identified, agreed and applied.
- Definition of the conditions for completion at the cost of the contractor is identified and applied.
- Definition of the effect of ousting the contractor from the building or construction site is identified and applied.
- Definition of abandonment of a contract is identified and applied.
- Contracts are terminated in accordance with relevant legislation and contract provisions.
- Administer the contract.
- Contract rise and fall amounts are accurately calculated.
- Progress payments due under the contract are accurately processed.
- Applications for extension of time are processed in accordance with company policy and contract conditions.
- Variations to contract are identified, negotiated and documented.
- Action is taken to minimise liquidated damages or penalties nominated in the contract.
- Contracts are administered and contractual disputes resolved in accordance with contract and relevant legislation and regulations.
- Conditions for issuing a final certificate are identified and applied.
- Finalise a contract.
- Definition of practical completion of contract is identified and applied.
- Definition of defects liability under a building or construction contract is identified and applied.
- Appropriate certificate is issued upon completion of the contract work.
- Documentation arising from finalisation of a contract is completed and secured for records purposes.