Subjects 2009
Payment Matters in Construction Projects 730879
- Credited Courses: Graduate Diploma in Construction Law 189; Graduate Diploma in Environment, Energy and Resources Law L07; Master of Commercial Law 504; Master of Construction Law 195; Master of Laws (LLM) 502
Objectives
A student 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 topics will 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 United Kingdom, 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.
