Overview
This unit will first pave the foundation to understand how contracting parties engage in enforceable contracts, both in respect of building owners and contractors, as well as contractors and subcontractors. Then, you gradually obtain knowledge of how the dynamics of the contract change during the course of the building project, in respect of variations and extensions of time. This will further ensure you become familiar with the circumstances of how contracts can be breached, the methods of providing remedy for the breaches, and of dispute resolution. The unit will then consider the legal framework of government legislation in terms of the Acts of Parliament that relate to Builders Licensing, the Building Code of Australia, The Development Act and Occupational Health and Safety. All previous knowledge areas make you become competent in the reading and understanding of building contracts, and the application of government regulations that apply to building projects.
Details
Pre-requisites or Co-requisites
There are no requisites for this unit.
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 3 - 2025
Attendance Requirements
All on-campus students are expected to attend scheduled classes - in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
Recommended Student Time Commitment
Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.
Class Timetable
Assessment Overview
Assessment Grading
This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of 'pass' in order to pass the unit. If any 'pass/fail' tasks are shown in the table above they must also be completed successfully ('pass' grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the 'assessment task' section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University's Grades and Results Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure - Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure - International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback - Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
Feedback, Recommendations and Responses
Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.
Feedback from Staff Feedback
The assignments are designed to replicate real-world scenarios and require students to demonstrate a thorough understanding of the regulations covered in the unit. This approach effectively supports the development of practical, industry-relevant skills but may present challenges for students unfamiliar with interpreting legislation independently.
To support student success while maintaining the integrity of the assessments, it is recommended that additional scaffolding, such as guided tutorials, annotated examples, and explanations in lectures, be provided early in the term to help students build confidence in applying regulations to real-world contexts.
Feedback from Student Feedback
It would be beneficial to keep the recording running for general discussion/questions after the lecture presentation is over.
For the next offerings of this unit, the lecture recordings should also include the Q&A session at the end of each lecture.
Feedback from Student Feedback
The unit content promotes the application of legal principles to practical scenarios, supporting deep learning. Providing more real-life examples could further enhance student confidence and clarity in responding to tasks.
It is recommended to use more real-life examples during the lectures to further support the understanding of students.
Feedback from Student Feedback
The open-ended nature of the assessments encourages independent research and critical thinking, aligning with industry practices. However, some students may benefit from additional guidance on interpreting case studies and aligning responses with assessment expectations.
It is recommended to provide more information for the assessments, and also dedicate a specific time at each lecture to discuss about the assignments.
- Contrast and compare how contracting parties engage in enforceable contracts, both in respect of building owners and contractors, as well as contractors and subcontractors.
- Investigate the dynamics of the contract change during the course of the building project, in respect of variations and extensions of time.
- Discuss the circumstances of how contracts can be breached, the methods of providing remedy for the breaches, and of dispute resolution.
- Explain the legal framework of government legislation in terms of the Acts of Parliament that relate to Builders Licensing, the Building Code of Australia, The Development Act and Occupational Health and Safety.
- Describe building contracts, and the application of government regulations that apply to building projects.
N/A
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | ||||
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | |
| 1 - Written Assessment - 25% | |||||
| 2 - Written Assessment - 35% | |||||
| 3 - Written Assessment - 40% | |||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | ||||
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | |
| 1 - Communication | |||||
| 2 - Problem Solving | |||||
| 3 - Critical Thinking | |||||
| 4 - Information Literacy | |||||
| 5 - Team Work | |||||
| 6 - Information Technology Competence | |||||
| 7 - Cross Cultural Competence | |||||
| 8 - Ethical practice | |||||
| 9 - Social Innovation | |||||
| 10 - First Nations Knowledges | |||||
| 11 - Aboriginal and Torres Strait Islander Cultures | |||||
Textbooks
Construction law in Australia
- Edition: 4th (2018)
- Authors: Bailey, Ian
- Thomson Reuters Australia, Limited
- Pyrmont Pyrmont , NSW , Australia
- ISBN: 9780455500515
- Binding: Hardcover
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Zoom app on your smart phone or access to Zoom on your laptop
- Microphone and headset (and prefereably a camera) to participate in Zoom sessions
- Micorsoft Word or PDF software for preparation of assessment items in the appropriate format
All submissions for this unit must use the referencing style: Harvard (author-date)
For further information, see the Assessment Tasks.
k.mirzaei@cqu.edu.au
Week 1
Begin Date: 10 Nov 2025Module/Topic
Sources and application of law, torts and contracts
Chapter
1
Events and Submissions/Topic
Week 2
Begin Date: 17 Nov 2025Module/Topic
Types of building contracts
Chapter
2
Events and Submissions/Topic
Week 3
Begin Date: 24 Nov 2025Module/Topic
The role of contract documents
Chapter
3
Events and Submissions/Topic
Week 4
Begin Date: 01 Dec 2025Module/Topic
Consequences of breach of contract
Chapter
4
Events and Submissions/Topic
Week 5
Begin Date: 08 Dec 2025Module/Topic
Tendering procedures for building projects
Chapter
5
Events and Submissions/Topic
Assessment 1 is due on Thursday of Week 5.
Assessment 1 Due: Week 5 Thursday (11 Dec 2025) 11:59 pm AEST
Week 6
Begin Date: 15 Dec 2025Module/Topic
Subcontracting arrangements
Chapter
6
Events and Submissions/Topic
Vacation Week
Begin Date: 22 Dec 2025Module/Topic
No teaching. Enjoy and utilize the break efficiently.
Chapter
Events and Submissions/Topic
Vacation Week
Begin Date: 29 Dec 2025Module/Topic
No teaching. Enjoy and utilize the break efficiently.
Chapter
Events and Submissions/Topic
Week 7
Begin Date: 05 Jan 2026Module/Topic
Arbitration systems and options
Chapter
7
Events and Submissions/Topic
Week 8
Begin Date: 12 Jan 2026Module/Topic
Negligence and the law of torts
Chapter
8
Events and Submissions/Topic
Week 9
Begin Date: 19 Jan 2026Module/Topic
Regulation of construction
Chapter
9
Events and Submissions/Topic
Assessment 2 is due on Thursday of Week 9.
Assessment 2 Due: Week 9 Thursday (22 Jan 2026) 11:59 pm AEST
Week 10
Begin Date: 26 Jan 2026Module/Topic
Application of Occupational Health and Safety (OH&S) Law in Relation to Construction Sites
Chapter
10
Events and Submissions/Topic
Week 11
Begin Date: 02 Feb 2026Module/Topic
Professional standards, liability and licensing for building professionals
Chapter
11
Events and Submissions/Topic
Week 12
Begin Date: 09 Feb 2026Module/Topic
Planning regulations and application requirements
Chapter
12
Events and Submissions/Topic
Assessment 3 is due on Thursday of Week 12.
Assessment 3 Due: Week 12 Thursday (12 Feb 2026) 11:59 pm AEST
Review/Exam Week
Begin Date: 16 Feb 2026Module/Topic
No exam for this unit.
Chapter
Events and Submissions/Topic
1 Written Assessment
Assessment 1 is a Written-based assessment requiring students to read a Hypothetical case study and answer the questions related to comparing how contracting parties engage in enforceable contracts and investigating the dynamics of the contract change during the course of the building project, in respect of variations and extensions of time. Assessment 1 is aligned with Unit Learning Outcomes 1 and 2, which are as below:
Unit Learning Outcomes 1: Contrast and compare how contracting parties engage in enforceable contracts, both in respect of building owners and contractors, as well as contractors and subcontractors.
Unit Learning Outcomes 2: Investigate the dynamics of the contract change during the course of the building project, in respect of variations and extensions of time.
AI Assessment Scale: AI Planning (You may use Al for planning, idea development, and research. Your final submission should show how you have developed and refined these ideas).
It is essential that your submission is entirely your own. If you use any sources, they must be appropriately cited in accordance with the CQU Harvard referencing style, as outlined in the CQU Harvard referencing guide.
Additional guidance and information about the assessment requirements can be found on the unit's Moodle site.
Week 5 Thursday (11 Dec 2025) 11:59 pm AEST
Week 7 Thursday (8 Jan 2026)
Student performance in this assessment will be evaluated based on their ability to:
- Demonstrate understanding of key legal principles relevant to building and construction contracts.
- Apply these principles accurately and logically to complex factual scenarios.
- Analyse and interpret contractual provisions, legal duties, and procedural requirements.
- Critically evaluate alternative legal outcomes and provide well-reasoned conclusions.
- Communicate findings clearly, coherently, and in a professionally structured format.
For further information, please refer to the marking rubric provided in the assessment brief.
- Contrast and compare how contracting parties engage in enforceable contracts, both in respect of building owners and contractors, as well as contractors and subcontractors.
- Investigate the dynamics of the contract change during the course of the building project, in respect of variations and extensions of time.
2 Written Assessment
Assessment 2 is a Written-based assessment requiring students to read a Hypothetical case study and answer the questions related to investigating the dynamics of the contract change during the course of the building project, in respect of variations and extensions of time, and discussing the circumstances of how contracts can be breached, the methods of providing remedy for the breaches, and of dispute resolution. Assessment 2 is aligned with Unit Learning Outcomes 2 and 3, which are as below:
Unit Learning Outcomes 2: Investigate the dynamics of the contract change during the course of the building project, in respect of variations and extensions of time.
Unit Learning Outcomes 3: Discuss the circumstances of how contracts can be breached, the methods of providing remedy for the breaches, and of dispute resolution.
AI Assessment Scale: AI Planning (You may use Al for planning, idea development, and research. Your final submission should show how you have developed and refined these ideas).
It is essential that your submission is entirely your own. If you use any sources, they must be appropriately cited in accordance with the CQU Harvard referencing style, as outlined in the CQU Harvard referencing guide.
Additional guidance and information about the assessment requirements can be found on the unit's Moodle site.
Week 9 Thursday (22 Jan 2026) 11:59 pm AEST
Week 11 Thursday (5 Feb 2026)
Students will be assessed on their ability to:
- Demonstrate understanding of key legal principles governing tendering, contracting, and dispute resolution in construction projects.
- Apply relevant legal doctrines and ethical considerations to complex, real-world case scenarios.
- Analyse relationships between contracting parties and evaluate liability, risk, and procedural fairness.
- Interpret and apply principles of negligence and economic loss to construction-related disputes.
- Present clear, logical, and well-supported legal reasoning consistent with professional standards.
For further information, please refer to the marking rubric provided in the assessment brief.
- Investigate the dynamics of the contract change during the course of the building project, in respect of variations and extensions of time.
- Discuss the circumstances of how contracts can be breached, the methods of providing remedy for the breaches, and of dispute resolution.
3 Written Assessment
Assessment 3 is a Written-based assessment requiring students to read a Hypothetical case study and answer the questions related to explaining the legal framework of government legislation in terms of the Acts of Parliament that relate to Builders Licensing, the Building Code of Australia, The Development Act and Occupational Health and Safety, and describing building contracts, and the application of government regulations that apply to building projects. Assessment 3 is aligned with Unit Learning Outcomes 4 and 5, which are as below:
Unit Learning Outcomes 4: Explain the legal framework of government legislation in terms of the Acts of Parliament that relate to Builders Licensing, the Building Code of Australia, The Development Act and Occupational Health and Safety.
Unit Learning Outcomes 5: Describe building contracts, and the application of government regulations that apply to building projects.
AI Assessment Scale: AI Planning (You may use Al for planning, idea development, and research. Your final submission should show how you have developed and refined these ideas).
It is essential that your submission is entirely your own. If you use any sources, they must be appropriately cited in accordance with the CQU Harvard referencing style, as outlined in the CQU Harvard referencing guide.
Additional guidance and information about the assessment requirements can be found on the unit's Moodle site.
Week 12 Thursday (12 Feb 2026) 11:59 pm AEST
Thursday (19 Feb 2026)
The assessment grades will be published before the school's certification of grades meeting.
Students will be assessed on their ability to:
- Correctly determine and justify NCC building classifications and explain regulatory consequences.
- Interpret performance-based solutions and demonstrate how compliance is achieved under the NCC.
- Identify Work Health & Safety duties and evaluate breaches and regulatory outcomes.
- Analyse the roles, professional duties and liabilities of certifiers, including ethical considerations.
- Explain planning hierarchy issues and justify any higher-level interventions or call-ins.
For further information, please refer to the marking rubric provided in the assessment brief.
- Explain the legal framework of government legislation in terms of the Acts of Parliament that relate to Builders Licensing, the Building Code of Australia, The Development Act and Occupational Health and Safety.
- Describe building contracts, and the application of government regulations that apply to building projects.
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.
What can you do to act with integrity?
