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Legal Essentials for Off Site Construction

A two-day short course equipping construction and legal professionals with the procurement, regulatory and dispute expertise required to confidently deliver modular and prefabricated projects.

Next Dates: 14 May
Duration: 2 days
Delivery mode: In-person
Location: Sydney CBD
Price (AUD inc. GST): $3,950

Spots remaining: AVAILABLE
Digital badge credential: 2 CEMD points

Course summary

Legal capability for modern Off Site Construction methods

Off-Site Construction changes where risk sits, how contracts operate and how regulators intervene. This intensive two-day program provides commercially grounded insight into procurement structuring, regulatory compliance and dispute strategy specific to modular and prefabricated projects in NSW, with nationally relevant principles.

Who will benefit

Senior professionals delivering, advising on or regulating projects incorporating significant modular or prefabricated components. This includes developers, head contractors, construction lawyers, project directors, engineers, manufacturers and policy makers seeking clarity in a rapidly evolving legal environment.

Course is suitable for

Construction and property lawyers
Developers and head contractors
Project and development managers
Engineers and design professionals
Prefabrication and modular manufacturers
Government regulators and policy makers
Industry associations

Delivered by experts

Carrie Metcalfe

Program Director | AGSM Adjunct Faculty

Former MinterEllison Partner with 20+ years’ experience advising on complex, multi-sector property and construction projects.
Deputy Chair, PCA NSW Building Regulation Advisory Group, contributing to implementation of the Design and Building Practitioners Act.
Trusted adviser to NSW Government and private sector on construction risk and regulatory strategy.

David Chandler

Keynote Speaker

Former NSW Building Commissioner (2019–2024), leading landmark regulatory reform to strengthen building quality, compliance and consumer protection.
Over 40 years’ experience delivering major infrastructure and housing projects, including national capital works and large-scale residential developments.
Industry reform advocate and academic leader, Founder of the Centre for Smart Modern Construction at Western Sydney University and Adjunct Professor.

David Glinatsis

Principal Lawyer, Kreisson | Guest Speaker

35+ years expertise in construction and engineering litigation and alternative dispute resolution.
Legal advisor in large scale and complex major projects.
Regular educator for industry bodies on dispute prevention and contractual risk allocation.

Richard Crawford

Senior Legal Consultant, MinterEllison | Guest Speaker

Advises across full project lifecycle from structuring through dispute resolution.
Expertise in mediation, arbitration, adjudication and complex infrastructure litigation.
Advises government, developers, principals, contractors and subcontractors across major sectors including property development, PPPs, health, transport and energy infrastructure.

Mark Glynn

Partner, Swaab | Guest Speaker

Deep expertise in project insolvency, risk allocation and complex infrastructure transactions.
Advises across full procurement lifecycle including bespoke and AS contract negotiation and dispute resolution.
Trusted advisor to public and private sector clients nationally.

Steven Mann

Chief Strategy Officer, Freecity Group Holdings | Guest Speaker

35 years’ leadership across property funds management and large-scale development, including multi-billion-dollar portfolios.
Former CEO, Urban Development Institute of Australia, leading federal advocacy and shaping NSW urban policy.
Chief Strategy Officer, Freecity, driving corporate strategy, major projects and innovation in future living.

William Vu

Senior Associate, MinterEllison | Guest Speaker

Advises developers and contractors on procurement, negotiation and contract administration.
Secretary, PCA Building Regulation Advisory Group supporting DBP legislative reform.
Experienced in drafting complex construction, consultancy and development agreements.

Nicole Sawick

Associate, MinterEllison | Guest Speaker

Construction and infrastructure lawyer with deep experience in structuring and contracting for large off-site procurements
Drafts complex multi-party arrangements
Advises on NSW building regulations, including for residential and mixed-use projects

Kai Smith

Construction Lawyer, Architect and PhD Candidate | Guest Speaker

18+ years’ project delivery experience across Australia, Asia and Middle East.
Advises developers and major stakeholders on complex AEC transactions.
PhD research focused on digital disruption, wellbeing and future construction models.

Course designed to stack

2 CEMD points

TOWARDS

Certificate in Executive Management and Development (CEMD)

Use multiple credentials to stack your learning. This course is worth 2 AGSM CEMD points, which provides formal recognition of professional development and reflects 2 days of learning inclusive of pre-work, course participation, learning materials and support.

Learn more about stacking and CEMD Points

About the course

Getting Off Site projects right from day one

Prefabrication and modular delivery are increasingly positioned as solutions to housing supply and productivity challenges. However, Off Site projects operate within a distinct risk, procurement and compliance environment. Title transfer, integration risk, overseas manufacture, Security of Payment claims and expanded regulator powers create exposure that traditional construction frameworks do not fully anticipate.

This course has been designed from a practitioner’s perspective: if a client were commencing a major Off Site project, what must be addressed at the outset to avoid downstream disputes? Participants gain clarity on those critical issues.

Why enrol in this course

Get it right from the outset

Understand the procurement and regulatory decisions that determine project success before contracts are signed.

Stay ahead of reform

Gain insight into current and proposed NSW legislation affecting modular and pre-fabricated projects.

Reduce exposure

Anticipate enforcement action, insolvency risk and dispute triggers unique to Off Site delivery models.

Key features

Managing procurement and interface risk

Deep focus on procurement, title and interface risk in modular projects

Navigating NSW building reform

Direct insight into NSW building reform and regulatory enforcement powers.

Real-world case study insights

Residential and industrial case studies illustrating real-world challenges.

Learning outcomes

Strategic legal capability outcomes

Participants will leave with enhanced legal judgement and sharpened commercial acumen, enabling them to structure Off Site construction projects with greater certainty and strategic foresight. They will be better equipped to allocate and manage risk appropriately, interrogate contractual frameworks, and navigate complex regulatory scrutiny with confidence, clarity and defensible decision-making.

What you'll learn

Through expert-led sessions, structured legal analysis, facilitated discussion and applied case studies, participants engage deeply with the legal and commercial dimensions of Off Site construction. The program encourages active participation, critical challenge of assumptions, and practical reflection on how legal frameworks apply to participants’ own projects. Pre-reading and NAVIGATOR prompts support rigorous preparation and sustained reflection.

By the end of the course, participants will have strengthened capability in:

Procurement structuring for Off Site delivery
Strategic contract drafting and risk allocation
Design responsibility and interface risk management
PPSA, security interests and title considerations
Governance of overseas suppliers and supply chains
Security of Payment risk exposure
Dispute positioning within modular construction environments

Topics covered

This course covers:

Procurement and early contractor engagement models
Design responsibility and interface risk allocation
Title, PPSA and security structures
Design and Building Practitioners Act and RAB Act
Security of Payment and construction-related goods
Overseas suppliers, IncoTerms and Vienna Convention
Enforcement powers and regulator intervention
Dispute resolution, arbitration and consolidation strategies

Course delivery

Format	Commitment	Delivery
In-person	Course pre-work 2-day attendance Engagement	Pre-work digital learning In-person sessions Experiential learning Structured peer learning

Schedule

A focused, two-day, in-person program designed to strengthen legal capability and strategic risk management in Off Site Construction.

Day 1

Morning session:

Legal procurement from an off-site perspective

Contracting structures
Interface risk
Design risk
Transfer of title
Counterparty and insolvency risk

Afternoon session:

Regulatory regime from an off-site perspective

National Construction Code
Design and Building Practitioners Act
RAB Act and Home Building Act
Security of Payment, PPSA, WHS
Building Products Safety Act

Residential case studies (class 1 and class 2 volumetric modular construction)

Day 2

Morning session:

Importation issues
The Fourth Industrial Revolution and Industry 4.0 - international perspective
Financial and technical challenges for prefabricated housing

Afternoon session:

Regulatory enforcement from an off-site perspective
Dispute management and resolution - strategic positioning

Industrial case study (complex off-site procurement)

Credentials

Receive 7 CPD points towards Law Society CPD obligations

Earn 7 Continuing Professional Development (CPD) points accredited by the Law Society, helping you meet your annual CPD requirements while strengthening your expertise in off-site construction and its legal implications.

2 CEMD points

TOWARDS

Certificate in Executive Management and Development (CEMD)

Progress your career with stackable credentials

By completing this course, you will receive a verifiable digital badge issued by AGSM, certifying your achievement.

The Australian Graduate School of Management (AGSM) will formally recognise your commitment to professional development and lifelong learning with the Certificate in Executive Management and Development (CEMD). The CEMD is a flexible program that allows you to build your leadership capabilities through stackable learning.

A CEMD is a unique pathway to future study that can directly contribute to accelerating the attainment of an AGSM MBA or Graduate Certificate if you choose to embark on this journey in the future. Each time you complete a short course with the AGSM, we’ll award you with CEMD points. CEMD points can be collected and stacked together to create a unique professional development pathway that works for you and your specific career goals.

Can I use my credit towards further study?

Once you collect 12 points over a period of up to 4 years you will be awarded the CEMD. The CEMD is a specialised credential and can contribute to 2 course credits towards our AGSM MBA and Graduate Certificate qualifications.

This flexible model supports continuous learning and creates a recognised pathway from short courses to postgraduate qualifications at UNSW's AGSM.