1 / 18

Resolve Business Disputes and Select and Prepare a Construction Contract

Resolve Business Disputes and Select and Prepare a Construction Contract. Lesson Three. Todays Lesson. Continue contract activities, which will incorporate dispute resolution Complaints and Disputes from a Builders perspective A break up and reference to contracts and solutions.

ravi
Download Presentation

Resolve Business Disputes and Select and Prepare a Construction Contract

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

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

  2. Todays Lesson • Continue contract activities, which will incorporate dispute resolution • Complaints and Disputes from a Builders perspective • A break up and reference to contracts and solutions Cert IV - M. S. Martin February 2012

  3. Lesson 3 – Contracts / Disputes Chapter 1 – Contract Law Cert IV - M. S. Martin January 2012

  4. The Basics of Contract LawChapter One – from page 2 • For the lawto recognise a contract,three factors are required to be present: • an offer • an acceptance • and a consideration Cert IV - M. S. Martin January 2012

  5. Activity Three • If the builder in Activity 2 said they had a contract with the carpenter and wanted to force the carpenter to do the job for the agreed price or sue the carpenter for damages - what are the arguments the carpenter or his lawyer could make in court in relation to a) the offer, b) the acceptance and c) the consideration. Write your answers…….. ? Cert IV - M. S. Martin January 2012

  6. Disagreements & Disputesfrom the Builders perspective Cert IV - M. S. Martin January 2012

  7. Disputes & Complaints • Our Objectives - list and group potential causes of complaints and disputes - describe the actions available - sources of external advice available - working plan for a job to be pro-active in your management techniques - establish a contingency plan to accommodate unforeseen complaints

  8. Complaints • During construction they will arise • You as the builder or site manager, need to avoid delays & costs • You Should take precautions to avoid or minimise disputes & complaints

  9. Complaints continued • There will be warning signs, for example - repeated requests to rectify a problem - poor workmanship disagreements - disagreements with costs of variations - or a job taking to long HOW HAS THIS HAPPENED ? Largely from a lack of communication

  10. Complaints continued • It’s important to stop the complaint from becoming a dispute • To do this you have to communicate • Which can save a lot of time & money • And also promotes you as a professional

  11. Looking at Contracts • They must be signed by both parties. • Can be for any type of job. • Contain specification & clauses. Or reference to.. • Clauses can be in standard form or include special inclusions. • OFT, HIA, etc. contracts now include clauses for dispute resolution. • Contracts are a legal document.

  12. Types of Complaint. • Different types occur during construction. • Often caused by lack of communication. • You also need to understand, basics of contracts, your obligation, clients obligation & the conditions of contract.

  13. Understanding the conditions • Look over $25,000.00 plus contract from P7 • Review conditions etc. Cert IV - M. S. Martin January 2012

  14. Builder & Proprietor Disputes • Between the contractor (you) & the Proprietor (your client). • Again these complaints arise from lack of communication. • Types of disputes can be ? What? - variations - colours - time delays - PC items - poor workmanship

  15. Builder & Union Disputes • Usually occurs if you are out of date or ignorant of conditions and / or agreements • Can start from minor things • Two things could happen • Stop work, either for meetings or longer periods • Fines, or shut down of site, if WorkCover became involved. Remember these days the unions advocate themselves as safety watchdogs

  16. Builder & Sub-contractor disputes • These often occur again due to some lack of communication • Some types that may arise are • Poor workmanship • Lack of supervision • Payments • Any others ?

  17. Actions available for disputes • You could be faced with disputes, no matter how small • What do you do ? • Try and resolve the dispute by consultation & communication Call all parties concerned and try and reach a mutual agreement To be continued next week

  18. References • Competency text for ‘Resolve Business Disputes and Select and Prepare a Construction Contract’ • Reference text ‘O-Ten Management One 2182G’ • Web sites as listed below: http://www.fairtrading.nsw.gov.au/default.html http://en.wikipedia.org/wiki/Arbitration http://www.cttt.nsw.gov.au/Dispute_resolution.html http://www.michaelatkinson.com.au/joom/ Cert IV - M. S. Martin January 2012

More Related