CPCCBC4003A - Holmesglen: Low-Rise Construction Contract Report

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Added on  2023/06/03

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This report analyzes a low-rise construction project contract, focusing on the selection and preparation of an appropriate contract type. The report justifies the choice of a design-build contract for a specific project, highlighting its advantages in outlining building procedures and managing various construction stages. It contrasts this with other contract types, such as the bill of quantity, and explains the range of required documents, including commencement and building works schedules, risk management clauses, practical completion procedures, and final certificate requirements. The report also discusses dispute resolution mechanisms and emphasizes the legal validity of the contract, citing elements like consent, adherence to legal parameters, and considerations for payment, work specifications, and dispute resolution. Furthermore, it outlines the requirements associated with the offer and acceptance of the contract, including the need for a written and unambiguous offer. The conclusion summarizes the key elements explored, including payment, conditions, schedules, and conflict resolution, providing a comprehensive overview of contract documentation in the context of Australian construction regulations. The report uses references from various sources like Baldwin, Cunningham, Windapo, Wright, and Xu to support its claims.
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Low-Rise Construction Project Contract 1
Low-Rise Construction Project Contract
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Low-Rise Construction Project Contract 2
why the particular contract type was chosen for the selected project/site
The chosen type of contact for this low-rise construction project is the drawing and design kind
of project. Preferably, there a number of reasons for choosing this type of contact and the
advantages which they have cannot be underestimated. First and foremost, this type of contact
offers the various approaches and ways include outlining the building procedure. It also, outlines
how the contractor should carry out various stages of construction such as formworks, solid
works as well as earthworks.
whether a different contract for the select project/site may have been more suitable, stating the
reasons why this is the case
Although other types of contracts such the bill of quantity will be appropriate, the design contact
is more appropriate since it helps the contactor to work as per the outlined stages as well as the
design works. Also, the bill of quantities for the works mainly prepared as per the outlined
drawing and thus, this will offer quality output as compared to other types of contract.
The range of documents that may be required for the chosen contract
Some of the range of the documents particularly required for this type of contract mainly
outlined as discussed below
Commencing and the Building Works Schedules
According to Cunningham (2014) usually, the building works begins after the entire builder has
received all the necessary building permits and the appropriate planning approvals. The work
therefore may begin 20 days after all these have been met and the owner has satisfied the
requirements of clause 4. At times, the building may commence before the contract period
(Baldwin and Bordoli 2014).
Risk
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Low-Rise Construction Project Contract 3
Clause 23 outlines all that needs to be taken in cases of risk. It is practical that by signing the
contract and agreement forms, the builder takes full responsibility of all the materials provided to
him by the owner. In actual sense, any loss and damages must take care of by the builder with an
exception that if the damages are caused by the owner by an act of omission. On the contrary, the
builder is not to be held responsible for damages and losses to the properties of the owner which
the owner is responsible for but left on the site. Furthermore, the builder is not responsible for
natural calamities and personal injury, death, loss of property or damages which are caused by
war or even terrorism (Windapo and Ogunsanmi 2014 p.734).
Practical Completion
The builder must notify the owner at least within a period of 5 days prior to the completion. This
is important since it allows the owner to do any inspection before the work ends and also prepare
for the remaining amount to be settled at the completion of the overall work (Xu, Ma and Ding
2014 p.126).
Final Certificate
The certificate of occupancy must not remain with the builder after the completion of the
building or even final certificate of inspection relating to the building just concluded (Hollands,
2014).
Dispute Resolution
In an event that a dispute arises, either of the party is required to give a written notice to the other
party stating the dispute. The two parties i.e. the owner and the builder must meet within a period
of 10working days from the effect of the date of issuance. After the matter is resolved must put
down the resolution in writing and sign (Wright, Cho and Hastak 2014).
The reasons why the chosen contract is legally valid
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Low-Rise Construction Project Contract 4
There are a number of reasons which makes the contract legally valid. First and foremost, the
contract document mainly termed as a legal document which has the legal agreements and this
often binds all the parties involved. There are different elements which make the chosen contract
legally valid and they are discussed as follows
Consent: this contract has all the parties involved working in a mutual agreement as well as
communicating and interacting mutually freely (Baldwin and Bordoli 2014).
Object: all the related parameters in this tender or contact mainly discussed as Australian laws
and regulations and thus, it follows the legal context required.
Considerations: this contract outlines all the legal requirements as far as the payment, dispute
resolution, work specifications as well as the overall completions should be conducted.
The requirements associated with the offer and acceptance of the contract.
First and foremost, there acceptance offer need to be in the written format and also must be
signed by the seller decisively. Moreover, it is important to ensure that the offer is not only
unambiguous but also clear by ensuring that it does not have any two contracting meaning in the
meantime. Furthermore, it is important to communicate the offer to the parties involved as the
conclusion procedure for the overall contract acceptance and validation.
Conclusion
In summary, the analysis examined the contract document in line with the construction of the
new dwelling as well as residential houses in Australia. The paper equipped the learners with
knowledge related to overall aspects in line with contract. Some of the key and vital elements
mainly explored and included in the analysis include mode of payment, conditions, schedules,
particulars of the contract as well as the conflict resolutions on the emerging issues.
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Low-Rise Construction Project Contract 5
References
Baldwin, A. and Bordoli, D., 2014. Handbook for construction planning and scheduling. John
Wiley & Sons.
Cunningham, T., 2014. The work and skills base of the quantity surveyor in Ireland-An
introduction.
Hollands, D.E., 2014. Alternative dispute resolution in construction. ADR, Arbitration, and
Mediation, p.83.
Windapo, A.O. and Ogunsanmi, O.E., 2014. Evaluation of the barriers to the use of appropriate
constructability practices on construction projects. Journal of Construction Project Management
and Innovation, 4(1), pp.734-754.
Wright, E.R., Cho, K. and Hastak, M., 2014. Assessment of critical construction engineering and
management aspects of nuclear power projects. Journal of Management in Engineering, 30(4),
p.04014016.
Xu, X., Ma, L. and Ding, L., 2014. A framework for BIM-enabled life-cycle information
management of construction project. International Journal of Advanced Robotic Systems, 11(8),
p.126.
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