Overview

The construction industry operates in one of the most complex legal and commercial environments, where projects involve multiple stakeholders, significant financial investment, evolving legislation, and intricate contractual relationships. Understanding the legal framework governing construction projects is essential for effectively managing risks, avoiding costly disputes, and delivering successful project outcomes.

The Construction Law in 8 Hours Masterclass provides a comprehensive overview of the key legal principles that underpin construction projects in Australia. Designed primarily for non-lawyers working in the construction industry, including project managers, contract administrators, engineers, quantity surveyors, consultants, developers, contractors and procurement professionals, this practical masterclass will also benefit legal practitioners seeking a solid introduction or refresher in construction law.

Throughout the day, delegates will explore the fundamental elements of construction contracts, recent developments in security of payment legislation, delay claims, consultant liabilities, insurance obligations, contract administration, dispute resolution processes, damages, and contractual risk allocation. The program combines legal principles with practical guidance, recent case developments, and real-world examples to help participants confidently navigate contractual obligations and minimise legal exposure throughout the project lifecycle.

By attending this masterclass, participants will gain valuable insights into managing construction contracts more effectively, identifying and mitigating legal risks, preventing disputes before they arise, and understanding the legal remedies available when disputes cannot be avoided. Whether involved in procuring, administering, managing or delivering construction projects, delegates will leave with practical knowledge that can be immediately applied within their organisations and projects.

Learning Objectives

• Understand the fundamental principles of contract law, including intention, offer, acceptance, consideration, capacity and contractual warranties.
• Keep up to date with the latest developments in Victorian construction law, including recent changes to the Security of Payment Act.
• Understand the legal and practical issues surrounding payment claims, retention, performance security and adjudication.
• Assess delay claims by examining causation, concurrency, extension of time (EOT) entitlements and evidentiary requirements.
• Understand the role of construction insurance and effectively manage contractual and project risks.
• Examine the legal liabilities of consultants, including contractual, tortious and statutory obligations.
• Develop practical strategies for effective contract administration to minimise disputes and improve project outcomes.
• Understand dispute resolution processes under Australian Standard construction contracts, including negotiation, mediation, arbitration and litigation.
• Evaluate how courts and tribunals assess damages, including liquidated damages and other remedies for breach of construction contracts.
• Identify key contractual risk allocation provisions, including warranties, guarantees, limitation of liability, time bars and exclusive remedies.
• Apply practical risk management strategies to reduce legal exposure throughout the lifecycle of a construction project.
• Strengthen the ability to identify, manage and resolve contractual issues before they escalate into formal disputes.

Who should attend?

• Contract Managers
• Commercial Managers
• Construction Managers
• Project Managers
• Project Directors
• Contract Administrators
• Procurement and Tender Managers
• Builders and Principal Contractors
• Subcontractors
• Property Developers and Private Owners
• Architects
• Engineers
• Quantity Surveyors
• Site Managers and Site Supervisors
• Design and Build Consultants
• In-house Legal Counsel
• Claims and Risk Managers
• Government Agencies and Public Sector Asset Owners
• Infrastructure and Capital Works Professionals
• Construction Consultants
• Professionals involved in construction disputes and contract administration

Topics Covered

• Understanding the Fundamental Elements of a Contract
• The Changes to the Security of Payment Act in Victoria
• Delay claims in construction disputes:  a review of issues of causation, concurrency and proof
• Managing Risk Through Effective Insurance
• Administering Construction Contracts Successfully: Practical Contract Administration
• Avoiding Disputes In Construction
• How Tribunals and The Courts Assess The Measure of Damages in Construction Law
• Digital Construction, BIM and Emerging Legal Risks
• Managing Risk In Construction Contracts
• Examining Consultants Liabilities