Required skills

Required skills for this unit are

ability to communicate by telephone facsimile email and in writing

communication skills to

enable clear and direct communication using questioning to identify and confirm requirements share information listen and understand

come to agreement with the client

participate in discussions

provide information to clients

read and interpret

codes of practice

complex legal text

contracts

legislation

regulations

use and interpret nonverbal communication

use language and concepts appropriate to cultural differences

written skills to complete workplace documentation including the drafting of responses to queries relating to the finer points of contracts

Required knowledge

Required knowledge for this unit is

contract types and the circumstances they cover

definitions and interpretations commonly applied to contracts

definitions of building work

Fair Trading regulations including cooling off periods

legal meanings of terms and clauses in building and construction contracts

relationship between the organisation and its clients

The evidence guide provides advice on assessment and must be read in conjunction with the performance criteria required skills and knowledge range statement and the Assessment Guidelines for the Training Package

Overview of assessment

This unit of competency could be assessed by the effective application of contract law to a building sale contract

This unit of competency can be assessed in the workplace or a close simulation of the workplace environment provided that simulated or projectbased assessment techniques fully replicate construction workplace conditions materials activities responsibilities and procedures

Critical aspects for assessment and evidence required to demonstrate competency in this unit

A person who demonstrates competency in this unit must be able to provide evidence of the ability to

explain importance of contract in the sales process to the client and how contract is applied

select right contract for particular project and explain reasons for that choice

select appropriate clauses and conditions within contract and explain impact of those clauses

administer contract to standard required by the organisation and within any legal or regulatory requirements that may exist within the state or territory in which the work is being done

determine and explain appropriate measures to be taken in the event of an anomaly in rendering contract

Context of and specific resources for assessment

This competency is to be assessed using standard and authorised work practices safety requirements and environmental constraints

Assessment of essential underpinning knowledge will usually be conducted in an offsite context

Assessment is to comply with relevant regulatory or Australian standards requirements

Resource implications for assessment include

documentation that should normally be available in either a building or construction office

relevant codes standards and regulations

office equipment including calculators photocopiers and telephone systems

computers with appropriate software to view D CAD drawings run costing programs and print copies

technical reference library with current publications on measurement design building construction and manufacturers product literature

suitable sales area appropriate to the construction process

Reasonable adjustments for people with disabilities must be made to assessment processes where required This could include access to modified equipment and other physical resources and the provision of appropriate assessment support

Method of assessment

Assessment methods must

satisfy the endorsed Assessment Guidelines of the Construction Plumbing and Services Training Package

include direct observation of tasks in real or simulated work conditions with questioning to confirm the ability to consistently identify and correctly interpret the essential underpinning knowledge required for practical application

reinforce the integration of employability skills with workplace tasks and job roles

confirm that competency is verified and able to be transferred to other circumstances and environments

Validity and sufficiency of evidence requires that

competency will need to be demonstrated over a period of time reflecting the scope of the role and the practical requirements of the workplace

where the assessment is part of a structured learning experience the evidence collected must relate to a number of performances assessed at different points in time and separated by further learning and practice with a decision on competency only taken at the point when the assessor has complete confidence in the persons demonstrated ability and applied knowledge

all assessment that is part of a structured learning experience must include a combination of direct indirect and supplementary evidence

Assessment processes and techniques should as far as is practical take into account the language literacy and numeracy capacity of the candidate in relation to the competency being assessed

Supplementary evidence of competency may be obtained from relevant authenticated documentation from third parties such as existing supervisors team leaders or specialist training staff

Contract law includes:

Clauses in the contract include:

Other federal, state or territory laws, regulations and codes include:

Pre-contract agreements include:

Pre-contract clauses include: