This training course aims to provide all participants in the construction industry with a better understanding of the basic tools for effective contract management to ensure projects are delivered within budget. It is particularly aimed at commercial managers, project directors, project managers, superintendents, contract managers and contract administrators in Queensland. The course aims to provide practical recommendations to address commonly occurring problems that arise due to failures to properly administer construction contracts, with a particular focus on minimising exposures to additional time and cost on a project, and tips for navigating the new payments laws introduced in Queensland in December 2018 by the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act). The course will consider case studies and commonly used provisions in Australian Standard construction contracts to identify issues and circumstances that commonly create uncertainty for contracting parties, suggested amendments to contract to address uncertainty, and address practical strategies for effective administration of construction contracts.
Although the course will touch on the key legal principles, the focus of the course is on practical contract management techniques to ensure that primary documents, reports and records are prepared contemporaneously as required (for internal or external reporting) to best document changing conditions and circumstances on a project that may later be used to assist to unravel complex disputes.
- To better understand QBCC licencing laws in Queensland and restrictions.
- To understand the risks/consequences of performing unlicensed building work in Qld.
- To improve general project reporting and records, and co-ordination with works programs.
- To improve contract management skills, with a focus on practical contract administration tips to reduce exposure to additional time and cost on construction projects.
- To improve claim preparation skills/responses to claims, understanding contractual obligations v new payment laws.
- To obtain a better understand the impact of the new payment laws and PBA’s in Qld.
- To identify some key contract amendments to provide for greater certainty under the contract and contract administration techniques to provide for greater certainty by reporting, record keeping and claim preparation.
- To better understand the types of alternative dispute resolution commonly adopted in standard contracts and amendments to standard terms to improve these processes.
Featuring Our Speakers
Partner – Building and Construction
AJ & Co Lawyers
Julian Troy is a Partner in AJ & Co Lawyers Building and Construction team in Brisbane. He has over sixteen years experience in construction law – advising on payment disputes, litigation, alternative dispute resolution and drafting and advising on construction contracts.
He has advised clients on major infrastructure projects in Queensland, New South Wales, ACT, Victoria, the Northern Territory and Western Australia. Julian recently focusses on advising clients in respect of the new payment laws and subcontractors’ charge claims in Qld under the new BIF Act – Building Industry Fairness (Security of Payment) Act 2017 (Qld).
Julian appreciates the importance of assisting construction clients to deliver projects on budget and on time. He achieves this by listening and understanding clients’ end goals and providing timely advice to assist clients to make key decisions at the right time.
Julian appreciates the commercial importance of a practical approach to dealing with risk management, and the value in adopting a few key tools to manage time and cost. Firstly, understanding the contract and basic principles that allocate project risk is important, particularly at tender stage.
Secondly, maintaining detailed records, work programs and costings during the project are key. Regular updates and reporting on the status of programs and costing provide transparency and certainty for the parties, and when unexpected issues arise, they can be better managed and provide a platform for meaningful discussion moving forward.
Conversely, in the absence of a simple understanding of the contract and access to contemporaneous records, programs and costings, when unexpected issues arise on a project, huge pressure is placed on the parties by the degree of uncertainty. Parties commonly react by spending significant time and cost on their own investigations as to what went wrong and why, rather than being in the preferred position of spending time and cost on negotiating a way forward with accurate information at hand.
Who should attend?
All participants in the construction industry, particularly project directors, project managers, superintendents, commercial managers, contract managers and contract administrators in Queensland.
- Understanding contract documents – commonly used provisions and forms of contract
- Licensing checks;
- Practical contract administration tips – identifying the key issues impacting time and cost;
- Monthly reporting/budget reporting;
- Payment terms and the impact of new payment laws and PBA’s in Qld (BIF Act);
- Rights of suspension and termination;
- Dispute resolution provisions and strategies for avoiding disputes.