1. Resolve Business Disputes and Select and Prepare a Construction Contract Lesson Eight Cert IV - M. S. Martin March 2012

2. Todays Lesson Continue on Chapter Two - Contracts – Continue Completing a standard contract to a specific job Where could disputes arise from the above ? Cert IV - M. S. Martin February 2012

3. Continue Completing A Contract For the purpose of the exercise, we are going to use our previous example of: Mal set of Drawings Top floor fix out work Use the list of items from the previous exercise (list from full documents) Use this list as your job We will use the OFT Contract $25,000.00 plus in the back of your notes Complete the contract item by item Cert IV - M. S. Martin January 2012

4. So we are clear of the scope of work Description: Carpentry and related work for the required fix out of the first floor addition as detailed in the following documents… and described below: Price to be a lump sum – Supply and fix all skirting boards and architraves as specified in the scope of works – Supply and fit all internal doors (some supply items may be PC), jambs, and associated hardware. – Fit nosing piece to front of window sills where applicable on drawing – Any sliding door units and hardware Exclude / or note as PC item: – Supply items that are not confirmed at time of tender – Sundry fitments to bathroom and ensuite – mirrors or vanity cabinets' Cert IV - M. S. Martin January 2012

5. Signatures ? Do you really sign it first ? But lets decide on a figure $,$$$.$$ that we will use for our job? Cert IV - M. S. Martin January 2012

6. Checklist Although this is structured for the owner, it is relevant to you and good practice in general Cert IV - M. S. Martin January 2012

7. Details Fill out as if it were a real job. Make up missing details Cert IV - M. S. Martin January 2012

8. Contract Documents What would be in this list? Base it on the documents we have at hand Cert IV - M. S. Martin January 2012

9. Excluded Items ?, Quality & General Is there anything you would exclude Why? Or could it be better covered as a PC, or PS item later Cert IV - M. S. Martin January 2012

10. Cooling Off Period Look how it would apply to our job ! Cert IV - M. S. Martin January 2012

11. Deposit & Commencement What is the legal deposits, there are two stated Which applies to this job Cert IV - M. S. Martin January 2012

12. Time for Completion, Extensions ? Have an estimate on how long you would allow for this job? Are there any areas that could cause an extension of time ? Cert IV - M. S. Martin January 2012

13. Statutory Warranties Look at each one Which are more applicable to this job, or are they all ? Cert IV - M. S. Martin January 2012

14. Provisional Sum Are there any areas you would use this clause for, or would you choose another Cert IV - M. S. Martin January 2012

15. Prime Cost What’s the difference ? Is this a better fit than the previous provisional sum ? Cert IV - M. S. Martin January 2012

16. Progress Payments Look back at the time frame Is there room for staging of payments (areas of work?) Is the job too small? What are you happy with, remembering you have accounts and contractors to pay! Cert IV - M. S. Martin January 2012

17. Variations Do you envisage any ? How do you want to address them ? Cert IV - M. S. Martin January 2012

18. Time for Payment What does this mean ? Review the clause Cert IV - M. S. Martin January 2012

19. Final Payment & Work or Materials by owner ? Review the clause Have a think if there were items they could supply ? Cert IV - M. S. Martin January 2012

20. Approvals / Compliance Read over clause and discuss Cert IV - M. S. Martin January 2012

21. Access & The Site Read over clause and discuss Cert IV - M. S. Martin January 2012

22. Insurance Is yours up to date? Do you have documentation for proof to the client? Review the Clause Cert IV - M. S. Martin January 2012

23. Defect Rectification What periods are stated in this contract Are you happy with that? Would you amend it? Cert IV - M. S. Martin January 2012

24. Termination of Contract “By Owner” Review the Clause By contractor next clause Cert IV - M. S. Martin January 2012

25. Disputes Review the clause Do you agree with process? Cert IV - M. S. Martin January 2012

26. Copyright & Definitions Did you think copyright is applicable? Read over clauses Cert IV - M. S. Martin January 2012

27. Record Adjustments What would you do so both parties have this record? Cert IV - M. S. Martin January 2012

28. Payments & Notes This section concludes the contract Review and go back to front page with price Cert IV - M. S. Martin January 2012

29. References Competency text for ‘Resolve Business Disputes and Select and Prepare a Construction Contract’ Web sites as listed below: www.comlaw.gov.au/Details/F2009C01105 http://www.fairtrading.nsw.gov.au/default.html http://www.cttt.nsw.gov.au/Dispute_resolution. html Cert IV - M. S. Martin January 2012