Assignment 2 You have been approached by Mrs Jacintha Mernda who is aware of your recent enrolment in the Construction Law Unit at Swinburne University of Technology. Mrs Mernda asks you for advice on...

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Assignment 2 You have been approached by Mrs Jacintha Mernda who is aware of your recent enrolment in the Construction Law Unit at Swinburne University of Technology. Mrs Mernda asks you for advice on a planned construction project. Her intention is to build a four storey apartment building in one of the suburbs in Melbourne. The apartment would have private residences, ready to rent or purchase on the second, third and fourth floors; a restaurant, coffee shop, and other shops on the ground floor; and a carpark in the basement. The carpark will be for only the residents or workers in the building. Visitors will park along the road. Mrs Mernda needs advice with the following: 1. What is the building classification for her project and why is he building classified that way (See National Construction Code)? 2. What is the best type or types of contracts she needs for the project? 3. Will she need to employ an engineer? If so, what will be the Engineer’s role? 4. Will she need a liquidated damages clause and if so, can you provide her with a sample of a good clause she can use? 5. Will she be able to request a variation to the project once the construction has commenced? If so, what are her rights and obligations in case of a variation? 6. How can she ensure that her construction project is Covid-19 safe?  NB: Although the project is in Victoria, Mrs Mernda is happy for you to use examples and even laws from overseas or interstate, if you want to. She does not require you to entirely rely on Victorian Law, but you may do so, if you’re able to.  In not more than 2000 words, advise Mrs Jacintha Mernda. Further Instructions 1. The assignment is due on Wednesday 5th May 2021 at 5pm. 2. The assignment will account for 30% of your final mark. 3. The assignment will be submitted online and subject to Turnitin. Late Submissions: Unless an extension has been approved, late submissions will result in a penalty. You will be penalised 10% of the assessment’s worth for each calendar day the task is late, up to a maximum of 5 working days. After 5 working days a zero result will be recorded. Format: All your answers must be typed in Times New Roman 12 Font with 1.5 spacing and all margins justified. Word Limit: 2000 words Nature of Assignment: Although you do not need to do any external research, I expect your work to be properly cited and not plagiarised.
Answered 1 days AfterMay 01, 2021

Answer To: Assignment 2 You have been approached by Mrs Jacintha Mernda who is aware of your recent enrolment...

Jose answered on May 03 2021
144 Votes
The University of Queensland
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Construction Law
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Background of the Case
Mrs Jacintha Mernda plans to build a four storey apartment building in one of the suburbs in Melbourne. The apartment would have private residences, ready to rent or purchase on the second, third and fourth floors; a restaurant, coffe
e shop, and other shops on the ground floor; and a carpark in the basement. She approached me for providing advice for building her house.
She needs advice on the following questions
1. What is the building classification for her project and why is he building classified that way (See National Construction Code)?
As per the national construction code buildings in Australia are classified in 1 to 10 categories (Ashe et al 2017,p.230). While analysing building classification for Jascintha we can understand that it comes under mixed use buildings. As per national construction code mixed use buildings have mixed classifications. From the case we can understand that Jacintha plans to build a four storey apartment building that includes;
1. Private Residences
2. Ready to rent or purchases (2,3 and 4th floor)
3. Restaurants, coffee shop and other shops (Ground floor)
4. Car park (Basement)
From this it is clear that she wants to use the building for multiple purpose, so as per the national construction code different classification codes will be applicable;
    Requirement
    Floor
    National Construction Code
    Private Residence
    Not mentioned
    Class 2
    Ready to rent or purchases
    2,3 and 4
    Class 3
    Restaurants, coffee shop and other shops
    Ground floor
    Class 6 Retail space
    Car park
    Basement
    7a
Explanation to the National Construction Code Applicable to the building
1. Class 2 – It is considered apartment building,
2. Class 3- Considered as residential building, it includes the number of unrelated people
3. Class 6 – These are place for sale of retail goods and services
4. Class 7a- Especially for carparks
2. What is the best type or types of contracts she needs for the project?
As per Building and Construction Industry Security of Payment Act S4 construction contracts can be called as agreement between two parties, one party undertakes to carry out construction work, or to supply related goods and services, for another party (Australian Building Codes Board 2014,p.12). S5 of Building and Construction Industry Security of Payment Act clearly provides rules and regulations that we have to consider while entering in to the construction contracts.
Types of Contract Jacintha has to consider for the project
· EPC/Turnkey – Contractor takes total responsibility of the engineering, procurement and construction (EPC), and provides a fully equipped facility ready for operation (Champion et al 2015,p.12)
· Design and construct – Contractor prepares the design to satisfy the client requirements, and then constructs that design
· Construct only – the ‘traditional’ form of construction contract between an Employer and Contractor where latter constructs the design prepared for the Employer by the Employer’s Engineer/Architect (who has a separate design contract with the Employer)
The above are the best options for the Jacintha because she wants different setting in each floor. Jascintha can enter in to different types of contract, because in each floor the requirement and style is different
    Requirement
    Type of Contract
    Private Residence
    EPC/Turnkey
    Ready to rent or purchases
    Design and construct
    Restaurants, coffee shop and other shops
    Construct only
    Car park
    EPC/Turnkey
Explanation to the type of contracts selected
1.Private Residence and Car Park – EPC/Turnkey
For the private residence and car park we are using the EPC/Turnkey contract, because it helps for reducing the burden of...
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