Payment Matters in Construction Projects

This subject has the following teaching availabilities in 2008:

Objectives:

A candidate who has successfully completed this subject should:

• Understand how payment processes are dealt with in construction projects
• Have a detailed understanding of the law and industry practice relevant to these matters especially, payment claims procedures, security of payment, statutory adjudication processes, set off and tax along with how these are reflected in project contracts
• Be able to provide meaningful advice about the various options that are available to a range of industry participants in structuring and administering projects in relation to these matters (including the avoidance and resolution of disputes in relation to payment)
• Be able to contribute meaningfully to ongoing industry debates about optimal ways of dealing with these matters at a policy level.

Syllabus:

Principal matters to be covered include:

• Payment processes under construction contracts, including treatment under standard forms and the impact of the security of payment legislation enacted in various jurisdictions
• History and policy underpinnings of the security of payment legislation, including comparison of the regimes in Australia, the UK, New Zealand and elsewhere
• Taxation issues arising in construction projects, including GST
• Processes to resolve payment disputes, including those under security of payment legislation (with detailed consideration of bases for judicial review of such processes)
• Associated issues including set off, securing payment to workers and subcontractors, and means of dealing with the consequences of late payment.

• Take-home examination (100%)
  • Semester 1: 47 July
  • Semester 2: 30 January 2 February 2009
    
    or
• Research paper 10,000 words (100%) (topic approved by the subject coordinator)
  • Semester 1: 18 August
  • Semester 2: 12 March 2009

This subject is not available as a breadth subject.

Objectives:

A candidate who has successfully completed this subject should:

• Understand how payment processes are dealt with in construction projects
• Have a detailed understanding of the law and industry practice relevant to these matters especially, payment claims procedures, security of payment, statutory adjudication processes, set off and tax along with how these are reflected in project contracts
• Be able to provide meaningful advice about the various options that are available to a range of industry participants in structuring and administering projects in relation to these matters (including the avoidance and resolution of disputes in relation to payment)
• Be able to contribute meaningfully to ongoing industry debates about optimal ways of dealing with these matters at a policy level.

Syllabus:

Principal matters to be covered include:

• Payment processes under construction contracts, including treatment under standard forms and the impact of the security of payment legislation enacted in various jurisdictions
• History and policy underpinnings of the security of payment legislation, including comparison of the regimes in Australia, the UK, New Zealand and elsewhere
• Taxation issues arising in construction projects, including GST
• Processes to resolve payment disputes, including those under security of payment legislation (with detailed consideration of bases for judicial review of such processes)
• Associated issues including set off, securing payment to workers and subcontractors, and means of dealing with the consequences of late payment.

• Take-home examination (100%)
  • Semester 1: 47 July
  • Semester 2: 30 January 2 February 2009
    
    or
• Research paper 10,000 words (100%) (topic approved by the subject coordinator)
  • Semester 1: 18 August
  • Semester 2: 12 March 2009