Answer To: Assignment 2 You have been approached by Mrs Jacintha Mernda who is aware of your recent enrolment...
Jose answered on May 03 2021
The University of Queensland
Running Head : Management
1
Management
Construction Law
Student Code ‘
Instructor Code
Date
Background of the Case
Mrs Jacintha Mernda plans to build a four storey apartment building in one of the suburbs in Melbourne. The apartment would have private residences, ready to rent or purchase on the second, third and fourth floors; a restaurant, coffee shop, and other shops on the ground floor; and a carpark in the basement. She approached me for providing advice for building her house.
She needs advice on the following questions
1. What is the building classification for her project and why is he building classified that way (See National Construction Code)?
As per the national construction code buildings in Australia are classified in 1 to 10 categories (Ashe et al 2017,p.230). While analysing building classification for Jascintha we can understand that it comes under mixed use buildings. As per national construction code mixed use buildings have mixed classifications. From the case we can understand that Jacintha plans to build a four storey apartment building that includes;
1. Private Residences
2. Ready to rent or purchases (2,3 and 4th floor)
3. Restaurants, coffee shop and other shops (Ground floor)
4. Car park (Basement)
From this it is clear that she wants to use the building for multiple purpose, so as per the national construction code different classification codes will be applicable;
Requirement
Floor
National Construction Code
Private Residence
Not mentioned
Class 2
Ready to rent or purchases
2,3 and 4
Class 3
Restaurants, coffee shop and other shops
Ground floor
Class 6 Retail space
Car park
Basement
7a
Explanation to the National Construction Code Applicable to the building
1. Class 2 – It is considered apartment building,
2. Class 3- Considered as residential building, it includes the number of unrelated people
3. Class 6 – These are place for sale of retail goods and services
4. Class 7a- Especially for carparks
2. What is the best type or types of contracts she needs for the project?
As per Building and Construction Industry Security of Payment Act S4 construction contracts can be called as agreement between two parties, one party undertakes to carry out construction work, or to supply related goods and services, for another party (Australian Building Codes Board 2014,p.12). S5 of Building and Construction Industry Security of Payment Act clearly provides rules and regulations that we have to consider while entering in to the construction contracts.
Types of Contract Jacintha has to consider for the project
· EPC/Turnkey – Contractor takes total responsibility of the engineering, procurement and construction (EPC), and provides a fully equipped facility ready for operation (Champion et al 2015,p.12)
· Design and construct – Contractor prepares the design to satisfy the client requirements, and then constructs that design
· Construct only – the ‘traditional’ form of construction contract between an Employer and Contractor where latter constructs the design prepared for the Employer by the Employer’s Engineer/Architect (who has a separate design contract with the Employer)
The above are the best options for the Jacintha because she wants different setting in each floor. Jascintha can enter in to different types of contract, because in each floor the requirement and style is different
Requirement
Type of Contract
Private Residence
EPC/Turnkey
Ready to rent or purchases
Design and construct
Restaurants, coffee shop and other shops
Construct only
Car park
EPC/Turnkey
Explanation to the type of contracts selected
1.Private Residence and Car Park – EPC/Turnkey
For the private residence and car park we are using the EPC/Turnkey contract, because it helps for reducing the burden of...