Analysis of Australian Building Contracts

Currently, Dr. Charles Webb is serving as interim superintendent for the system. He was hired on a six-month contract after Dr. Lula Mae Perry resigned.

The Building Code of Australia (BCA) refers to stairways in D3.3(c) and requires compliance with AS1428.1 for stairways that are required to have access features. The Commission’s view is that all stairways, other than those specifically exempted under the BCA, should have these features for access and safety reasons.

The implied warranty is that the specification and plans are accurate and that they are suitable for use. There is a breach in the first warranty when the site conditions is not what the owner mentioned and other is when the contractor follows the specification and plans to the paper and the structure fails, in this case the contractor cannot be held responsible for the losses. In both of the above -listed situations, a contractor may hold the owner liable for the added expense required to complete the project due to the inadequate plans and specifications. The contractor, however, must still show good faith. If the contractor has notice that the plans and specifications are defective, it must notify the owner promptly in order to preserve its cause of action. It should also be noted that courts have determined the Spearin Doctrine to apply to private as well as public

The second requirement that needs to be fullled by the parties in the contract is the

The majority of home and business insurance policies contain cost effective insurance appraisal clauses. This type of clause serves as a means to come to an agreement when an insurance carrier and the policy holder disagree on the value of a loss. To invoke the clause, however, the policy holder must understand the Appraisal Clause Process and how it works. In basic terms, the appraisal clause process is nothing more than arbitration in the insurance industry. The major difference between arbitration and this process, however, is the appraisal clause process doesn't involve attorneys or the legal system. It's all handled by the insurance company, the policy holder and selected appraisers.

The building code (BCA/NCC) provides requirements for some locations in Australia to build houses above normal standard or with special precautions to combat extreme weather, natural disasters and other such events. Research and identify a locality in Australia which has these additional requirements for the construction of new houses and present a report detailing:

The Joint Building Contracts Committee (JBCC) Principal Building Agreement is a document that is followed by building owners and industry participants to which portrays the consensus view of all the constituent members involved in terms of a fair contract. This document sets out “clear, balanced and enforceable procedures, rights and obligations which, when competently managed and administered, protect the employer, contractor and subcontractors alike” (JBCC, 2014). This essay aims to highlight the duties and responsibilities of the principle agent in the Joint Building Contracts Committee (JBCC) Principle Building Agreement, Edition 6.1. The essay will pay particular attention to the range of the principle agents duties, the pressure of the principle agent serving as both representative of the employer and as an independent professional, the nature of the

A property developer is converting an old railway station into retail and office accommodation. The client is keen to make the working environment for the staff as comfortable as possible. As a consultant, explain how this can be done by addressing the relevant grading criteria.

6. Compensation. For the services performed by the Contractor as required by this Agreement, the Customer will be responsible for compensation in the amount of $2,500 to be paid in cash immediately

In developed countries such as Australia, subcontractors do most of the on-site work. According to Pratt (2011) in residential projects almost 80% of work is performed by subcontractors and often most of the on-site work is carried out by the sub trades leaving the main builders as the co-ordinator of various sub-trades. However despite subcontractor or trade contractor being the specialists in the specific area, there are yet many problems associated with subcontractors.

A warranty, as generally defined by Paul Richards is ‘A term that is collateral to the main purpose of a contract’ , and is one of the three ways of classifying terms within a contractual agreement. It is important to note that a warranty describes a term of the contract that is not a condition, which includes ancillary terms that are not generally central to the contract itself. However, there is a difference between a warranty in an insurance contract, and a warranty in a non-insurance contract. Within an insurance contract, one will find that a warranty is regarded as a major term, which gives rise to remedies that are usually associated with terms classified as conditions. However, there are many implications regarding the doctrine of warranties and their numerous differences that are open to wide debate.

In this essay will be described various types of contracts between the investor and the contractor.

Contractor is required to provide upfront for all risks and costs for performing to contract defined requirements; Contractor is responsible for cost and schedule overruns

Also from time to time insurance companies are offered the opportunity to insure risks that are very large or complex or simply unusual. In these situations facultative reinsurance is the best alternative (Wehrhahn 2009).Secondly, treaty reinsurance was devised to solve some of the adverse features of the facultative method. The treaty method is highly popular mainly because it is not as cumbersome or as time consuming as the facultative method (Irukwu 1982). Treaty reinsurance involves the negotiations between the insurance company and reinsurer before creating a reinsurance contract. ‘’Under a treaty reinsurance arrangement all risks that are defined to be object of the agreement are ceded automatically to the reinsurer, and the reinsurer agrees to accept all those risks’’ (Wehrhahn 2009). Reinsurers creating treaties, would not individually analyse each risk related to the treaty. Instead they would review the insurance company in question and base their decision related to ‘’ the expertise of the company, its risk attitude, its track record, the expected amount of business to be reinsured and other technical aspects’’ (Wehrhahn 2009).

Inserting insurance terms is one of the ways to manage the contract that decline claims because when damage occurs the important issue is about the compensation and the way by which damage and costs will be covered and paid by insurance company. Related to this issue the contractor has two responsibilities. One of them is about inserting these kinds of terms in the contract and the other is about overseeing on fulfilling of them.