CPCCBC4009B | CPCCBC4003A - Assessment 1 - Task 1.1 - PREPARE A REPORT ON LEGISLATIVE REQUIREMENTS For this task you will need to use the two SAMPLE CONTRACTS provided: • BAA New Homes Contract - sample • HIA Contract - sample The purpose of this task is to compare the legislative requirements found in the SAMPLE CONTRACTS. For each of the two construction contracts, prepare an assessment of the legislative requirements relating to both. As a minimum, this report must address: 1.1.1. Licensing or registration relevant to the construction type HIA ##### Storey Brick Veneer Dwelling BAA Not Applicable 1.1.2. Classification for builders, supervisors and managers as relevant to the construction and project type • DB-U- e.g. DB-U 1234 • DB-M- e.g. DB-M 5678. 1.1.3. Specific workplace safety requirements for each project, including: • Specific provisions of WHS/OHS/OSH legislation as relevant to the specific work site • Requirements for site safety signage 1.1.4. Requirements for environmentally sustainable work practices 1.1.5. Requirements for insurance coverage with correct amounts for public liability and professional indemnity for all relevant entities 1.1.6. Payment requirements and rates for staff and contractors, including the administration of taxation requirements for payroll and GST 1.1.7. Awards applying to payment of staff 1.1.8. Agreements and contracts relating to the payment of contractors 1.1.9. Site policies and procedures relating to equal opportunity and anti-discrimination of employees and contractors 1.1.10. Site training requirements 1.1.11. Information on legislative and regulatory requirements and responsibilities which is provided to personnel on the work site Assessment 1 - Task 1.2 - SUMMARISE AND ANALYSE BUILDING CONTRACTS For this task you will need to use the BAA New Homes Contract sample. Find a single-storey new house currently under construction. This construction project will be your case study. Using the BAA New Homes Contract sample, apply it to your case study and write a summary and analysis which addresses the following information: 1.2.1. The type of contract and its application New Home Contract 1.2.2. Essential terms and elements relevant to the specific types of works to be performed 1.2.3. The legislation that governs the use of the contract 1.2.4. The specified circumstances which result in a breach of contract 1.2.5. An assessment of whether the contract is suitable for the project types 1.2.6. The specific requirements associated with the offer and acceptance of the contract 1.2.7. The specific requirements associated with the termination of a contract 1.2.8. Defined schedules for progress payments 1.2.9. Requirements for extensions of time 1.2.10. Identify what associated documentation including plans and specifications would be required for this project CPCCBC4009B | CPCCBC4003A - Assessment 1 - Task 1.3 - PREPARE A DISPUTE RESOLUTION PLAN Consider that a dispute has arisen between the client and your company during the completion of one of the construction projects referred to in Task 1.1 and Task 1.2. The client wants to make changes to the building layout, however construction has already progressed to the extent that the changes are no longer feasible. Access your organisation’s dispute resolution procedures and prepare a dispute resolution plan to resolve the matter. Your dispute resolution plan must as a minimum address the following information: 1.3.1. A step by step process for resolving the dispute 1.3.2. The information to be recorded at all stages of the dispute resolution process 1.3.3. Contact details for external arbitrators and conciliators who may assist with dispute resolution 1.3.4. The process for identifying and documenting the cause of the dispute 1.3.5. Issues to be discussed and clarified with each of the relevant parties Based on your dispute resolution plan, prepare correspondence to the client outlining your solution to the dispute. This correspondence must as a minimum include the following information: 1.3.6. An overview of the dispute and the resolution process which has been followed 1.3.7. The proposed solution to the dispute 1.3.8. Further avenues available to the client if they do not agree with the proposed solution 1.3.9. Reference to legislative requirements which support the proposed resolution strategy 1.3.10. Contact details for the client to contact an external source of assistance if required *For the tasks below please use Victorian Australian construction Legislation/Regulations References http://www.vba.vic.gov.au/consumers/contracts Assessment 3 - Task 3.1 Prepare a contract for construction of a new home which covers all required information presented in the scenario. You may base this contract on a template of your choosing including that provided by the Master Builders Association Victoria. Ensure that you initial and sign the contract in all relevant areas. Attach a cover page to your contract outlining why the chosen contract type was selected, making reference to relevant legislative and regulatory requirements. Summary of key requirements: 3.1.1. Correct choice of contract type 3.1.2. Selection of appropriate clauses and conditions 3.1.3. Causes of a breach of contract specified 3.1.4. Requirements for offer and acceptance of contract specified 3.1.5. Requirements for termination of contract specified 3.1.6. Schedule for progress payments specified 3.1.7. Requirements for extension of time specified 3.1.8. Inclusion of all related documentation 3.1.9. Accurate reference to relevant legislation and regulatory requirements Assessment 3 - Task 3.2 - PREPARE A CHECKLIST AND DISPUTE RESOLUTION PROCEDURE The contract is now complete and you will be meeting with (Trent) to have the contract signed. Write a checklist of all of the matters that you will address prior to asking Trent to sign, in order to demonstrate that Trent has the capacity to enter into a legally binding contract, and that he gives consent to the entering of a contract Prepare a dispute resolution procedure for Trent so that he is aware of how any disputes arising during the construction process are to be managed. You must ensure that the dispute resolution procedure addresses: • The full process from notification of the dispute to resolution • Recording and reporting processes including record keeping requirements • Contact details for external arbitrators and conciliators Summary of key requirements: 3.2.1. Evidence that capacity of the client to form a binding agreement will be confirmed prior to request to sign 3.2.2. Identification of factors associated with the ability to the client to give informed consent 3.2.3. Detailed process for the resolution of disputes arising as part of the contractual works to be performed 3.2.4. Comprehensive process for the recording and reporting of information relating to dispute resolution 3.2.5. Accurate and up to date contact details for external arbitrators and conciliators