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Construction law made easy
Chapter Synopsis
Chapter Synopsis 7-12
Chapter Synopsis 13-18
Chapter Synopsis 19-24
Chapter Synopsis 25 to 27
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Chapter 1 - Contract law
What should be included in a heads of agreement Copy
What should be included in a heads of agreement
What should be included in an early works contract
What should be included in a letter of intent
The effect of privity of contract
The effect of promissory estoppel
Chapter 2 - Project delivery
construct only
design and construct
project and construction management
EPC and EPCM
relationship models
choosing project delivery methods
Chapter 3 - Tendering
common types of tender processes
usual steps in a tender process
tender process contracts
managing the main risks of tendering
Chapter 4 - Variations
why have a variations power?
when is the variations power restricted?
how do variations occur?
what to do when things go wrong
Chapter 5 - The Superintendent
appointment of a superintendent
obligations of a superintendent
What is the role of a superintendent? Copy
role of a superintendent
liability of a superintendent
Chapter 6 - The site
Accessing the site
Repossession of the site
Neighbours and adjoining properties
Latent conditions
Managing the risk of latent conditions
Chapter 7 - Security
types of security
calling on security
releasing security
legislation affecting security
Chapter 8 - Building Code of Australia
What does the BCA cover?
What is the performance-based BCA Building Code?
How is the performance-based system used?
Alternative assessment methods
Chapter 9 - Payment
payment claims
progress certificates
final certificates
Chapter 10 - Defects and Defects Liability
What is a defect
Rectification prior to completion of works
Rectification after completion of works
Defects liability period
Quantum of damages
Chapter 11 - Time
Extension of time regimes
Extension of time procedures
The float
Assessing delay
Chapter 12 - Liquidated damages
why use liquidated damages clauses
the doctrine of penalties - when are liquidated damages unenforceable
completing the contract
Chapter 13 - Money for time
delay costs and delay damages
acceleration costs
Chapter 14 - Building industry regulation
Building industry regulation - NSW
Building industry regulation - VIC
Building industry regulation - ACT
Building industry regulation - NT
Building industry regulation - SA
Building industry regulation - TAS
Building industry regulation - WA
Building industry regulation - QLD
Chapter 15 - Security of payment
Security of Payment - NSW
Security of Payment - VIC
Security of Payment - ACT
Security of Payment - NT
Security of Payment - SA
Security of Payment - TAS
Security of Payment - WA
Security of Payment - QLD
Chapter 15 - Security of payment - to update
Chapter 16 - Work Health and Safety
Application of principal contractor provisions
Appointment of a principal contractor
Failure to appoint a principal contractor
Responsibilities of principal contractors
Principal contractor scenario 1
Principal contractor scenario 2
Principal contractor scenario 3
Chapter 17 - Termination
Common law right of termination
Contractual right of termination
Statutory right of termination
Delay in termination
Consequences of termination
Rescission
Determination
Chapter 18 - Dispute resolution
negotation and mediation
arbitration
litigation
expert determination
dispute resolution boards
advantages and disadvantages
Chapter 19 - Claims under the contract
Nature of damages for breach of contract
Calculation of damages
indemnities
Warranties, representations and guarantees
Disclaimers and exclusion clauses
Chapter 20 - Claims outside the contract
Breach of statutory duty
Negligence
Claims under statute
Good faith obligations
Estoppel and waiver
Quantum meruit
Chapter 21 - Proportionate liability
How proportionate liability affects risk allocation
When proportionate liability will apply
contracting out of proportionate liability
Possible responses to proportionate liability
Chapter 22 - Green buildings
Commonly used rating tools
NABERS
About Green Star
The legal framework
Relevance of the Building Code of Australia
Considerations in going green
Chapter 23 - Design obligations
what is design?
who is responsible for design?
warranties
intellectual property rights in design
design obligations and the duty to warn
Chapter 24 - Fitness for Purpose
express fitness for purpose terms
fitness for purpose terms implied by common law
fitness for purpose terms implied by statute
fitness for purpose terms in consultancy agreements
industry standards, statutory regulations and their implications for fitness for purpose
duty to warn of defects in design
over what period does the fitness for purpose term apply?
Chapter 25 - Personal Property Securities
understanding priority and extinguishment
practical examples
enforcing security interests
Chapter 26 - Contractual Indemnities
Chapter 27 - Good Faith in Construction Contracts
Chapter 28 - Hong Kong
history, economy and law of Hong Kong
Hong Kong court structure
binding precedent system in Hong Kong's courts
construction industry in Hong Kong
construction law in Hong Kong
contract law, law of tort, companies law and intellectual property law in Hong Kong
civil litigation practice and procedure in Hong Kong
alternative dispute resolution in Hong Kong
construction law in Mainland China
reciprocal enforcement of judgements between Hong Kong and Mainland China
