Table of Contents

The Legal System

The Common Law and Equity/ The Sources of the Law/ Interpreting Legislation/ Precedents/ Recent Developments


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


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


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


Introduction/ Calling for Tenders/ From Tender to Contract/ Assessing the Tenders/ Exceeding the Budget

Liquidated Damages and Securities

Liquidated Damages/ Retention and Securities


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

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