The Legal System
The Common Law and Equity/ The Sources of the Law/ Interpreting Legislation/ Precedents/ Recent Developments
Contracts
The Formation of the Contract: Simple Contracts and Deeds/ Legislation/ The Terms of the Contract/ Waiver and Estoppel/ Quasi-Contract, Restitution and Unjust Enrichment
Liability Apart from Contract
Criminal Negligence/ Equitable Estoppel (Restitution)/ Trade Practices Act 1974 (Cth), ss 52 and 53 and Fair Trading Acts/ Occupational Health and Safety/ Liability in Tort
Duty of Care
The Standard of Professional Skill / Establishing a Duty of Care/ Professional Indemnity Insurance
Breach of Duty of Care
Introduction/ General Principles/ Existing Knowledge/ Disclosure/ Performance/ Contributory Negligence
Agency and Employment
Agency/ Employment
Damages
Policy/ Damages in Contract/ Damages in Tort/ Examples
Limitations of Actions
Policy/ When Does the Limitation Period Begin?
Concurrent Liability
Introduction/ Limitation Period/ Proof of Breach/ Measure of Damages
Defamation
Introduction/ What is Defamatory?/ The Defences
Intellectual Property
Copyright/ Licence to Build/ Moral Rights
Professional Conduct
Professional Standards/ Trade Practices/ The Impact of the Legislation/ Consumerism
Delegation of Design
Introduction/ Appointment of Consultants/ Design Input from Other Sources
Budgets and Estimates
Background/ Professional responsibilities
Construction Contracts
Types of Contract/ Forms of Contracts
Construction Management
The Traditional System/ Construction Management/ Project Management
Contract Documentation
Introduction/ The Formation of the Contract/ The Tender Documents/ The Execution of the Contract/ Discrepancies in the Documents/ The Specification/ Writing the Specification/ Calling for Tenders on Partial Documentation
Tenders
Introduction/ Calling for Tenders/ From Tender to Contract/ Assessing the Tenders/ Exceeding the Budget
Liquidated Damages and Securities
Liquidated Damages/ Retention and Securities
Variations
Limits of variations/ Administration
Progress Certificates
Introduction/ Certificates Based on Defective Work/ Under Certifying and Over Certifying/ Set-offs and Deductions/ Paying for Unfixed Materials on or off the Site/ Issuing the Certificate/ Valuations and Certificates provided under Partial Services Agreements/ Security of Payment Legislation
Completion and Effects
Introduction/ Extensions of Time/ Practical Completion/ Defects Liability/ The Final Certificate
Determining the Contract
Introduction/ Service of Notice/ Wrongful Repudiation of Contract/ Use of Contractor’s Plant and Equipment/ Expenditure of Retention Moneys after Determination
Non-Statutory Restrictions on Land Use
Land Ownership and Related Restrictions on Land Use/ Common Law Rights of Landowners
Statutory Planning and Building Control
Background/ Building Regulations / Environmental Protection Legislation and Conditions of Approval/ Planning Control/ Law and Urban Design
Consent Authorities and Planning Appeal Tribunals
Obligations of Architects and Engineers in Dealing with Consent Authorities/ Negligence by Consent Authorities/ Review of Administrative Action of Consent Authorities/ Appeals
Table of Cases/ Table of Statutes/ Bibliography/ Index