Elements and Performance Criteria
- Identify and analyse the essential elements, sections and clauses of a business contract.
- Various types of building and construction contracts are identified and the appropriate application of each type is analysed.
- Essential terms and elements of a valid contract are identified and analysed.
- Importance of identifying an intention to create legal relations is analysed.
- Rights and liabilities of parties under a contract are identified and analysed.
- Common building contract terms and procedures are identified and applied.
- Circumstances that bring about a breach of contract are identified and analysed.
- Legislative requirements are identified and applied.
- Select an appropriate contract for the works to be undertaken.
- A contract, appropriate for the type of construction, is accurately selected.
- Range of documents that collectively make up a contract is accurately identified and prepared.
- Requirements associated with an offer and acceptance of a contract are accurately identified and applied.
- Capacity of the parties to form a binding agreement in the form of a contract is confirmed.
- Factors associated with the parties' consent to a contract are identified and applied.
- Prepare the contract.
- Expert advice is sought as required in the preparation of the contract.
- Factors leading to the termination of a contract are defined, analysed and assessed during the preparation of the contract.
- Contract rise and fall amounts are accurately calculated during the preparation of the contract.
- Schedule of progress payments is assessed and included in the preparation of the contract.
- Processes for applying for extensions of time are included in the preparation of the contract.
- Final contract is prepared in consultation with relevant personnel and in accordance with the accepted processes of the organisation and legal requirements.