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Unit Code: 660

Eligible Programs:
Graduate Certificate in Project Management [Elective]

Contractual Dispute Resolution Variations and Claims

It is rare to find a construction contract, either bespoke or in a standard form, which does not contain a dispute resolution clause. These clauses are binding on the parties and will be enforced by the courts. However contracting parties are not free to contract as they might wish. Freedom of contract is a freedom set within limits dictated by parliament from time to time which provides protections in order to prevent abuse particularly by the stronger party.

As a consequence of statutory intervention by all states and territories, we now have rapid adjudication processes as part of the various security of payment regimes for the resolution of construction payment disputes. The respective legislation prohibits “contracting out” of these Acts. The first part of this unit will provide students with an understanding of the relevance and application of each of the typical alternative dispute resolution (ADR) methods used in the construction industry. These include negotiation, mediation and conciliation, expert determination and appraisal, commercial arbitration and security of payment processes.

An emerging ADR process for very large and complex infrastructure projects is the use of what are termed Dispute Resolution Boards (DRB). A DRB is made up from three independent experts jointly selected by the Principal and the Contractor. The Board is established at project commencement and meets regularly at site briefings dealing with progress and potential issues. This unit will also introduce some of the concepts associated with the use of DRB’s

The second part of the unit will consider the legal and practical issues associated with contract variations and the issues associated with the preparation or defence of a construction claim.

  • Credit Points

    1

  • Unit Duration

    One semester

Unit Topics (In Development)

  • Topic 1

    Overview of Alternate Dispute Resolution

  • Topic 2

    Negotiation

  • Topic 3

    Mediation and Conciliation

  • Topic 4

    Expert Determination and Expert Appraisal

  • Topic 5

    Uniform Commercial Arbitration

  • Topic 6

    Security of Payment

  • Topic 7

    Dispute Resolution Boards

  • Topic 8

    Variations

  • Topic 9

    Introduction to Claims

  • Topic 10
  • Topic 11
  • Topic 12
  • Topic 13

Unit Specifications (In Development)

Graduate Certificate in Project Management
Prerequisites 541 Project Management Elements
Co requisites Nil

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