Ed uc ati on al Pu rpo se s O nly Director of Consumer Affairs Victoria Approved Domestic Building Contracts Checklist Section 31(1)(r) of the Domestic Building Contracts Act 1995 This checklist must...

1 answer below »
heres my assignment and notes in regards to the assignment.



Ed uc ati on al Pu rpo se s O nly Director of Consumer Affairs Victoria Approved Domestic Building Contracts Checklist Section 31(1)(r) of the Domestic Building Contracts Act 1995 This checklist must be included in major domestic building contracts entered into from 1 September 2016 in substantially the same form or to the same effect as follows. . Before signing this legally binding contract, check this list: If the cost of the building work is more than $16,000, has an insurance policy or certificate of currency for domestic building insurance covering your project been issued and provided to you? (Note: If not, the contract is conditional upon you receiving either an insurance policy or a certificate of currency for domestic building insurance.) Yes No If this contract is conditional upon you receiving written approval for finance, have you obtained such approval? Yes No Have you appointed a private building surveyor or has a municipal building surveyor been engaged? (Note: If not, you will need to choose and engage a building surveyor before your building work starts so that a building permit can be issued for your building work.) Yes No If you answer ‘NO’ to any of the following questions that apply to your building project, you are not ready to sign the contract: * Have you had this contract long enough to read and understand it? Yes No Have you been provided with evidence that the builder named in this contract is registered with the Victorian Building Authority? Yes No Are the price and progress payments clearly stated? Yes No Do you understand how the price is calculated and may be varied? Yes No Has the builder assessed the suitability of the site for the proposed works? If tests are necessary, have they been carried out? Yes No If a deposit is payable, is it within the legal limit? The maximum under the Domestic Building Contracts Act 1995 is: 1. 10% if the price is less than $20,000, or 2. 5% if the price is $20,000 or more. Yes No Is the work shown and described clearly in the contract, plans and specifications and any other relevant documents (such as engineering computations or soil report)? Yes No Are your special requirements or standards of finish included in the plans and specifications? Yes No Are the commencement date and completion date clearly stated or capable of being worked out? Yes No Do you understand the procedure for extensions of time? Yes No Are any ‘provisional sums’ or ‘prime cost items’ clearly stated in the Yes No Yes No Yes No Yes No Yes No schedules and understood by you? Do you understand the procedure for variations of plans and specifications? Do you understand the circumstances in which you can end the contract? Did your builder give you a copy of the Domestic Building Consumer Guide? If yes, insert the date on which you were given a copy of this guide dd/mm/yyyy Have you read the Domestic Building Consumer Guide and the related information at consumer.vic.gov.au/buildingguide? This checklist does not form part of the contract. I/we have read and completed this checklist: Signature/s Date dd/mm/yyyy * Note: Not all of these questions will apply to a domestic building contract that covers a limited scope of work, for example, a contract that is limited to the preparation of building plans and specifications. (4 August 2016) consumer.vic.gov.au/buildingindustry Ed uc ati on al Pu rpo se s O nly 2 INDEX Page PARTICULARS OF CONTRACT .............................................................................................................................................. 4, 5 SCHEDULE 1 .............................................................................................................................................................................. 6 - 8 SCHEDULE 2 Prime Cost Items and Provisional Sum Items .............................................................. 9 SCHEDULE 3 Construction Stages and Table SCHEDULE 3 SCHEDULE 3 SCHEDULE 3 ................................................................................................ 10 Method 1 Progress Payments Method 2 Progress Payments .................................................................................................... ................................................................................................... 11 Method 2 Acknowledgment .................................................................................................... 12 13 SCHEDULE 4 Special Conditions .............................................................................................................................. 14 SCHEDULE 5 Excluded Items ........................................................................................................................................ 14 SIGNATURES ............................................................................................................................................................................... 15 SECTION A INTERPRETATION Clause 1 Definitions ......
Answered 6 days AfterMay 28, 2021CPCCBC4003ATraining.Gov.Au

Answer To: Ed uc ati on al Pu rpo se s O nly Director of Consumer Affairs Victoria Approved Domestic Building...

Asif answered on May 30 2021
145 Votes
Running Head: DIPLOMA OF BUILDING AND CONSTRUCTION    1
DIPLOMA OF BUILDING AND CONSTRUCTION         15
DIPLOMA OF BUILDING AND CONSTRUCTION
Table of Contents
Introduction    4
Q1. The student has included specific details about each of the following contract types in comparison tool table    4
Q2. The student has identified the application for each type of contract by comparing the cost of project, general terms and conditions, essential terms and clauses in relation to variations, provisional sums, penalty interest, reimbursement due to delay or any other relevant terms.    5
Q3. The student has included a contract checklist which contained 12 items any contract types must have in order to be considered valid    5
Q4. The student has reviewed the two main types of contracts and the circumstances they cover in the JCC family of contracts and the ICC suite    5
Q5. The student has listed the essential terms and elements of a valid contract    6
Q6. The student has given the legal meanin
g of each term and clause. The legal meaning given is relevant to the building and construction industry.    7
Q7. The student has included some of the alternative ways you identify or confirm the intention to create legal relations including relevant:    9
Q8. Three obligations of both the builder and the owner under a contract agreement    9
Q9. The student has identified a range of circumstances that bring about a breach of contract.    10
Q10. The student has identified the range of documents that collectively make up a contract. (Min 4 types)    11
Q11. The student has listed the 3 reasons in supporting the decision for the type of contract selection    11
Q12. The student has identified the appropriate clause that provides the basis for rise and fall issues under the DBCA1995    12
Q13. The student has provided the meaning of the capacity of the parties to form a binding agreement in the form of a contract.    12
Q14. The student has provided three situations in which consent to a contract would not be considered valid.    13
Q15. The student has listed requirements associated with an offer and contract, also stating how this may apply to a building and construction contract.    13
Q16. The student has stated the consultation processes, which his/her organisation follows in the preparation and finalisation of contract for clients to ensure that the legal requirements are met.    13
Conclusion    14
References    15
Introduction
In this entire case study of this assignment, building construction process of Complete Construction Pty Ltd. has been evaluated with proper justification. Therefore, contract process that of this following organization has been explained with relevant resources. The ethical issues that this organization is facing regarding contract process, has also been personified and elaborated with proper relevance. In this research, company is facing contract related issues; approach towards the changes of this situation has been successfully explained.
Q1. The student has included specific details about each of the following contract types in comparison tool table
Answer: Complete Construction Pty Ltd is an Australian building company leading their business throughout Australia. Main focus of this organization is to fulfil their customer desire within an affordable values and ranges. Therefore, this organization provides its business through constructing homes which have been planned and institutional constructions and so on (Putro& Latief, 2020). It has been observed that this organization right now, creating their cultural as well as social values by making construction in educational sector, hospitality, management and so on. I have got an opportunity to work in this company named Complete Construction Pty Ltd as a manager post where I need to do interactions with my clients’ related investment of my organization.
Q2. The student has identified the application for each type of contract by comparing the cost of project, general terms and conditions, essential terms and clauses in relation to variations, provisional sums, penalty interest, reimbursement due to delay or any other relevant terms.
Answer: Company is facing ethical breaches and company losses arranging due to non-fulfilling customer needs. Company is facing economic losses due to having company arrangements and limitations are being arranged by the employees of this organization. It is destroying the company reputation and deteriorating companies’ valuable aspects towards the customers of it (Fateh et al. 2020).
Q3. The student has included a contract checklist which contained 12 items any contract types must have in order to be considered valid
Answer: Company will do previous data analysis and record check before doing or involving into new contract breaches and assignments. Company will measure financial data and grow of this company that can help this organization towards fulfilling company resolution and this can measure future company limitations and helpfulness (Dosumu, 2018). Moreover, this can create competitive market analysis scenario which can help for dealing towards this new organization demand protocols.
Q4. The student has reviewed the two main types of contracts and the circumstances they cover in the JCC family of contracts and the ICC suite
Answer:
Human resources approach
This approach helps to develop company competency, goals, creativity and so on for fulfilling behavioural aspects of company needs. This can help towards the fulfillers of company demands and utilizations.
Contingency approach
This creates company behavioural structure and development towards the activities to structure company backbone which helps to create developments of any company reputations. This can in development of company contingency, strength and behaviour aspects towards the company structures as well.
Productivity approach
This model helps to develop company goals and measures the output of the productivity of any company (McNamara&Sepasgozar, 2018). I will maintain this to complete company behavioural model in order to develop company achievements and deliverables.
Systems approach
This is structured as the role of the employees from managers to clerks as depending on the demand of the work structure which helps to develop company backbone of any company towards the need of company goals. In order to manage systematic development and structural diagram of any company I will develop a proper model diagram in order to achieve company diagrams and mitigating the drawbacks towards the customer diligences.
Q5. The student has listed the essential terms and elements of a valid contract
Answer:
Agreement
In order to achieve company agreement and demands of the customer needs on depending to the company needs is the main utilization of any company needs. Moreover, this helps to create model diagram of company limitation utilization as per depending on the customer needs.
Capacity
This is developed in achieving towards the company needs and to maintain company goal achievements. This describes the performance activities of a company diagram and protocol development also.
Consideration
This describes the roles of ethical and demands of Complete Construction Pty Ltd, where I will develop model diagrams and utilizations of company needs for maintaining company goals towards the customer needs as well (Putro& Latief, 2020). On the other hand, it can help to develop company role diagram development and performance utilization also.
Intention
This is structured to develop performance utilization of the workers and output descriptions as well for the company Complete Construction Pty Ltd. As a company manager, my responsibility is to maintain and systematic construction of company activities towards maintaining the role of responsibility utilization and description.
Q6. The student has given the legal meaning of each term and clause. The legal meaning given is relevant to the building and construction industry.
Answer:
Deposit amount: During my employment in that organization, I have maintained the deposit amount in my organization’s contract so that the clients can clearly state their deposited amount there. Accordingly, I have collected invoices from my clients, Therefore, I have deal with the both online payment process as well as offline process in payment collection process.
Cost escalation: I have worked in cost escalation process. In this process I need to explain my customers the proper reason and make them ready for proceeding with our organization (Rajaratnam et al. 2017).
Cooling-off period: Therefore, in the cooling period I have maintained my employees hope and encouraged them to learn lessons from their past experiences as well as gain more knowledge about the client handling process.
Variation (by building owner): I have evaluated variations by examining the interactions of my building owner as well as progress report of the construction (Fateh et al. 2020).
Variation (by builder): The builder’s variation has helped me to gather more information’s related my construction industry.
Progress payment schedule: I have scheduled the payment process of the progress of my constructions.
Termination of contract: I have created a penalty amount if any of my client failed to pay any amount related to my contract.
Procedures for termination and any cost ramification arise as a result of termination: I have considered that if the contract is terminated by the client, then they will get 30% of their deposited amount.
Q7. The student has included some of the alternative ways you identify or confirm the intention to create legal relations including relevant:
Answer: Plan to make genuine relations is one of the imperative parts in the course of action of an understanding. Nearby Offer and Acceptance and...
SOLUTION.PDF

Answer To This Question Is Available To Download

Related Questions & Answers

More Questions »

Submit New Assignment

Copy and Paste Your Assignment Here