Public Training Courses

This course offers a comprehensive introduction to contract law in the Australian building, construction and mining industry.

The purpose of the course is to teach industry participants how to negotiate and administer construction contracts.

This course is a must for project managers, contract administrators, quantity surveyors, supervisors, estimators and project engineers. 

Unit One - Contract law

• Contract law 101
• Security of payment legislation
• The tender process
• Privity of contract
• Back to back contracting
• Australian standard contracts AS2124-1992 and AS4000-1997
• Damages for breach of contract vs liquidated damages

Unit Two - Parties to the contract

• Legal status of a superintendent
• The role of a superintendent
• Appointing a superintendent
• The powers of a superintendent
• Challenging the decisions of a superintendent
• The common law obligations of a principal
• The common law obligations of a contractor

Unit Three - Nature of the contract

• Construct only contracts vs design and construct contracts
• Lump sum contracts and provisional sums
• Cost plus contracts
• Schedule of rates contracts
• Bills of quantities
• Limits of accuracy

Unit Four - Contractual documentation

• Reading contracts
• Understanding special conditions
• Resolving ambiguity
• Technical vs performance specifications
• Qualification registers
• Contractual risk allocation

Unit Five - Variations

• What constitutes a variation?
• Procedure for ordering variations
• Variations for the convenience of the contractor and value engineering
• Valuation methodology

Unit Six - Extensions of time

• The advantages of an extension of time regime
• The obligation to complete in time
• Consequences of late completion
• How extension of time affects liability for liquidated damages
• Separable portions
• Qualifying causes of delay
• Notices of delay and claims for extensions of time
• Critical path and float
• Mitigation of delay
• Concurrency
• Acceleration

Unit Seven - Delay and disruption costs

• Entitlement to delay and disruption costs
• Mitigation of delay costs
• Valuation of delay costs

A subsidised course fee is available for Understanding Construction Contracts Parts One and Two, delivered under the auspice of Scope Training to persons eligible to receive the CTF subsidy.

To be eligible for the CTF subsidy, you must:

• provide a USI number;
• show 6 months of work history on an eligible project by completing a work history form; and 
• work for an eligible entity directly on a construction site in Western Australia. 

USI Number

Your USI number is your Unique Student Identifier. This is a 10-character number allocated to students to link your studies to your name. 

All students doing nationally recognised training need to have a USI. If you've studied since 2015, chances are you already have one. If you think you do, you can find it by clicking here - Find My USI.

If you have not yet obtained a USI you can apply for one directly by clicking here - Get a USI. Make sure you have some ID handy. This is about a 2-minute process in total, it's very simple.

Work History 

To be eligible for the CTF subsidy, you must be able to show six months of history working directly on an eligible construction site in Western Australia. To demonstrate this history you will need to complete a Work History Form and return it with your registration form. Work history forms are available here Work History Form.

Eligible Employers and Job Roles

• Participants working for government departments are not eligible.
• Participants who are solely office based and do not attend site are not eligible.
• Participants working on mining projects which have not paid the CTF levy are not eligible. 

For full eligibility details please contact us or see CTF's full eligibility guidelines here CTF Eligibility Guidelines.

Course Justification Letter - Understanding Construction Contracts - Part One

The second part of the course expands participants’ knowledge of construction contract law by moving into more advanced material. 

The purpose of the course is to teach industry participants to effectively use building & construction law to administer contracts, make or respond to contractual claims and manage disagreements to avoid disputes and maximise productivity.

Unit One - Advanced contract law

• Contract law 102
• Incorporation by reference
• Collateral contracts
• Estoppel and waivers
• Termination of contract
• Back charging
• Damages for breach of contract
• Repudiation
• Limitation of actions

Unit Two - Alternative business structures and insolvency

• Partnerships
• Trusts
• Companies
• Receivership, administration and liquidation
• Rights of unsecured creditors in insolvency
• Safe harbour laws

Unit Three - Security and defects

• Retention
• Bank guarantees
• Reduction or conversion of security
• Project bank accounts
• Practical completion and final completion
• Defect liability periods

Unit Four - Building & Construction Industry Security of Payments Act 2021 (WA)

• When does the legislation apply?
• The mining exclusion
• Pay when paid clauses
• Time bars
• Claiming and payment processes
• Adjudication
• New retention scheme

Unit Five - Liabilities and indemnities

• Indemnity clauses
• Direct loss, consequential loss and loss of profits
• Caps on indemnity provisions
• Impact on insurance coverage

Unit Six - Advanced variations

• Letters of intent vs letters of acceptance
• Negative variations and omissions from scope
• Valuation of negative variations
• Negative variations vs termination

Unit Seven - Advanced extensions of time and delay and disruption costs

• Time bars
• Ongoing delays and refresh notices
• Mitigation of delay
• Valuation of delay costs

Unit Eight - Latent conditions

• What is a latent condition?
• Entitlement to payment for latent conditions
• Valuation of latent condition costs
• Relied upon information
• Liability for incorrect geotechnical advice

A subsidised course fee is available for Understanding Construction Contracts Parts One and Two, delivered under the auspice of Scope Training to persons eligible to receive the CTF subsidy.

To be eligible for the CTF subsidy, you must:

• provide a USI number;
• show 6 months of work history on an eligible project by completing a work history form; and 
• work for an eligible entity directly on a construction site in Western Australia. 

USI Number

Your USI number is your Unique Student Identifier. This is a 10-character number allocated to students to link your studies to your name. 

All students doing nationally recognised training need to have a USI. If you've studied since 2015, chances are you already have one. If you think you do, you can find it by clicking here - Find My USI.

If you have not yet obtained a USI you can apply for one directly by clicking here - Get a USI. Make sure you have some ID handy. This is about a 2-minute process in total, it's very simple.

Work History 

To be eligible for the CTF subsidy, you must be able to show six months of history working directly on an eligible construction site in Western Australia. To demonstrate this history you will need to complete a Work History Form and return it with your registration form. Work history forms are available here Work History Form.

Eligible Employers and Job Roles

• Participants working for government departments are not eligible.
• Participants who are solely office based and do not attend site are not eligible.
• Participants working on mining projects which have not paid the CTF levy are not eligible. 

For full eligibility details please contact us or see CTF's full eligibility guidelines here CTF Eligibility Guidelines.

Course Justification Letter - Understanding Construction Contracts - Part Two

The Negotiation of Construction Contract Disputes Master Class is a comprehensive course which teaches participants how to manage and negotiate a construction dispute.

It is a prerequisite for this course that a participant has completed Understanding Construction Contracts Part One and Part Two.

The Master Class builds on the theoretical knowledge gained in the first two courses and delivers practical instruction regarding the assessment of your contractual position, preparation of a strategy to manage the dispute, and preparation of written documentation necessary to progress the dispute and facilitate a settlement. The purpose of the course is to teach industry participants to effectively use management strategies and written communication to prepare or respond to contractual claims or manage disagreements to prevent disputes escalating towards litigation.

The Master Class is very interactive with participants divided into teams to prepare their position and then act out mock dispute meetings and adjudications. 

The Master Class covers the following topics:

• Further Advanced Law on Variations, Extension of Time and Delay and Disruption Cost 
• Negotiation and Mediation Theory and Techniques
• How to make an Assessment of your Contractual Position
• Dispute Resolution Avenues - Estimated Costs and Timelines
• Preparation of a Notice of Dispute 
• Preparation of Adjudication Paperwork 
• Statutory Demands 
• Preparation of Settlement Paperwork and Deeds of Release

Unfortunately, this course is not subsidised by CTF.  

Course Justification Letter - Negotiating Construction Contract Disputes