M1_Activity_2

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Royal Melbourne Institute of Technology *

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C5256

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Law

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Jan 9, 2024

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CPC40120/CPC50220 Module 1 – Assessment 2.4 Assessment Cover Sheet The Cover Sheet must be completed before you start your assessment. Student Surname Student Given Name Qualification CPCC40120/CPC50220 CertIV/Diploma of Building and Construction (Building) Module of Study Module 1 Assessment Name Activity 2.4 - Prepare a checklist and dispute resolution procedure Trainer Name Student Statement Plagiarism is a form of cheating. It is taking and using someone else’s thoughts or writings and representing them as your own. Plagiarism is a serious act and may result in a participant’s exclusion from a Unit of Competency or a course. This in turn may require for students to pay to re-complete the module or course at a later date. The following list outlines some of the activities for which a participant can be accused of plagiarism: 1. Presenting any work by another individual as one’s own unintentionally 2. Handing in assessments markedly similar to or copied from another student 3. Presenting the work of another individual or group as their own work. 4. Handing up assessments without the adequate acknowledgement of sources used, including assessments taken totally or in part from the internet. Many of the workbook activities are ‘open book’ yet should still be conducted under test conditions without consultation with other students. If you are unsure of any assessment requirements you should check with your Trainer / Assessor. By submitting this assessment electronically you declare that all work for assessment tasks submitted for this assessment is your own with no part of any assessment being copied/plagiarised from another person’s work, except where authorised and listed / referenced. © House of Learning Pty Ltd M1 – Activity 2.4 - Answer Sheet – V1.0| 08.07.2021 | Page 1 of 9
CPC40120/CPC50220 Module 1 – Assessment 2.4 Scenario – Frankston South You will need to refer to this scenario for Activity 2.3 – Prepare a contract and Activity 2.4 – Prepare a checklist and dispute resolution procedure. Having obtained a number of different quotations to build his new home in Frankston South and reviewing the content and inclusions of those quotations, Trent Hall has decided to enter into a new homes contract with David Smith, the sole director of BAA Constructions Pty Ltd. The Client ● Name: Trent Hall ● Current address: 34 Summerhayes Avenue, Cape Woolamai VIC 3842 ● Phone numbers: 5995 5628 (h); 9342 5671 (w); 0988 170 91 ● Email address: trenth@optusnet.com.au The Builder ● Name: David Smith (director) ● Building company: BAA Constructions Pty Ltd. ● ABN: 41 643 218 906 ● ACN: 643 218 906 The New Building ● Block address: 2 Lakeview Street, Frankston South VIC 3912 ● Block details: Volume 021, Folio No. 079 ● House details: 4 bedroom, single-storey brick veneer home, 24 square meters, double garage, tiled roof Items agreed to be incorporated into the contract: ● Trent and David have agreed that the entire contract is conditional on Trent receiving $300,000 of home loan finance from the NAB, within 21 days of executing this contract. ● The builder now charges a variation fee of $1,100 should a client request a variation to the signed contract. This fee is on top of the cost of materials, labour and the builder’s margin. ● The builder and owner have agreed that the owner is to pay the cost of the cross-over if the owner has not already provided it or it needs to be relocated. The Specifications: ● The owner has used the MBAV specifications, which have been supplied by the Owner to the Builder. ● Plans have been prepared by Plans R Us and supplied by Trent to the Builder. ● Engineer, Mike Smith, has prepared the engineering documentation, via the owner. Agreed Allowances: ● David has allowed 9 days for either wet or extremely hot weather. ● He has allowed for 12 weekends in the construction period. ● There is expected to be 2 RDOs. ● They have allowed 8 days for builders’ holidays as well as 3 public holidays that are anticipated to fall within the construction period. ● Another 5 days for the effects of the expected wet and very hot weather are to be allowed. ● To be conservative, David has added another 5 days due to the nature of the building contract. ● Construction time: the parties have agreed to 120 days of building. © House of Learning Pty Ltd M1 – Activity 2.4 - Answer Sheet – V1.0| 08.07.2021 | Page 2 of 9
CPC40120/CPC50220 Module 1 – Assessment 2.4 Costs, Payments and Inclusions: ● The contract price is $320,000 plus GST and the parties have agreed to Progress Payment Method A, with the maximum allowable deposit being charged. ● All service and facilities fees are included in the contract price and there are NO excluded service fees. ● All fixtures and fittings are included in the contract. ● As a Provisional Sum item, there has been an allowance made for 80 square meters for tiles and labour, allowing $130 psm – for both. ● No materials or items of work to be supplied by the owner and there are no second-hand materials to be used. ● Within the contract price, David has made allowance for the following Prime Cost items: ✔ 2 toilets @$350 each including GST – add 20% builder’s margin in each case ✔ 1 rangehood @$500 each ✔ 1 benchtop @$800 each ✔ 1 oven - @$800 each ● Trent has already acquired his planning permit and David will acquire the building permit when the contract becomes unconditional. David has built the cost of the building permit into the contract price. ● Progress claims are to be paid within five (5) days of being submitted, as is the final payment. ● The parties have agreed to a 13 week defects liability period, has the required domestic builder’s insurance and public liability insurance of $10million. Liquidated Damages: ● David delays Trent = $350 per week ● Trent delays David = $1,000 per week © House of Learning Pty Ltd M1 – Activity 2.4 - Answer Sheet – V1.0| 08.07.2021 | Page 3 of 9
CPC40120/CPC50220 Module 1 – Assessment 2.4 Dispute Resolution Checklist Description YES NO Date Keeping a record of all conversations you have had with the client. ☐ ☐ Taking photographs of work that is the subject of your dispute, invoices, contracts ☐ Put your concerns in writing, by completing form N , Notice of Dispute. ☐ ☐ If the dispute is not resolved in 10 days, the parties may lodge a complaint with Building advice and Conciliation Victoria, or ask for an inspector to be appointed under the act. ☐ ☐ Meet with client and negotiate a resolution for both parties. ☐ ☐ look for solutions you can both accept. ☐ ☐ remain calm, focusing on the issue(s) and not the person. ☐ ☐ Discuss the issue with the client. ☐ ☐ Intoxication A contract is void if as a result of intoxication, the person is unable to understand the contract being made. ☐ ☐ Bankruptcy There are laws that limit which contracts bankrupts may enter and may also make non-disclosure of ☐ ☐ © House of Learning Pty Ltd M1 – Activity 2.4 - Answer Sheet – V1.0| 08.07.2021 | Page 4 of 9
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