3029 version 4 28-Jun-16 1 of 5 HORTICULTURE RESOURCES MANAGEMENT Interpret contract documentation and manage horticulture contracts level: 6 credit: 6 planned review date: June 2008 sub-field: Horticulture purpose: People credited with this unit standard will be able to – manage contracts for horticulture work; interpret contract documentation; describe the legal responsibilities of contracted parties; obtain specialist assistance where required; negotiate and renegotiate contract variations and extras; and fulfil contractual requirements. entry information: Open. accreditation option: Evaluation of documentation and visit by NZQA, industry and teaching professional in the same field from another provider. moderation option: A centrally established and directed national moderation system has been set up by the Primary Industry Training Organisation. special notes: 1 Contracts referred to in this unit will be deemed to be covered by current contract legislation. 2 Case studies may be used as the basis for this unit standard. New Zealand Qualifications Authority 2016 3029 version 4 28-Jun-16 2 of 5 HORTICULTURE RESOURCES MANAGEMENT Interpret contract documentation and manage horticulture contracts Elements and Performance Criteria element 1 Describe the essential elements of a contract applicable in the horticulture industry. performance criteria 1.1 Description provided identifies the principles of offer and acceptance, and describes the concept of unqualified acceptance of a definite offer. 1.2 Description developed details the contractual elements of form and consideration. 1.3 Description developed defines the requirements for parties to have the capacity to enter a contract. 1.4 Description developed defines factors which determine genuine consent to a promise. 1.5 Description developed identifies the requirement of the object of a contract to be legal. 1.6 Definition identifies the implications of having essential elements missing from a contract. Range: unenforceable, void, voidable. element 2 Interpret a contract proposal applicable to horticulture activities. performance criteria 2.1 Procedures adopted to assess a straightforward contract proposal enable key elements to be identified, and their conformity with contract legislation to be determined. Range: offer, form and consideration, object, parties. New Zealand Qualifications Authority 2016 3029 version 4 28-Jun-16 3 of 5 HORTICULTURE RESOURCES MANAGEMENT Interpret contract documentation and manage horticulture contracts 2.2 Where the nature and complexity of the contract indicate that the use of specialist advice is required to assist with interpretation, procedures adopted ensure that advice is obtained. 2.3 Identification and interpretation of essential contract elements establish validity and ability of contract proposal to meet requirements for which it was developed. 2.4 Procedures adopted to agree to valid and acceptable contract proposals conform with the requirements of current contract legislation. element 3 Prepare a contract proposal for application in horticulture. performance criteria 3.1 Procedures adopted for the preparation of a contract proposal ensure that essential contract elements are detailed in accordance with the requirements of applicable contract legislation. 3.2 Where required to prepare complex contract proposals, use of specialist advice ensures that proposals conform with the requirements of applicable contract legislation. 3.3 Contract proposals prepared are assessed to ensure that they address the requirements of the work to be done as well as the legal requirements. element 4 Negotiate and renegotiate variations and extras for horticulture contracts. performance criteria 4.1 Procedures adopted for identifying extent and detail of variations and extras to agreed contracts ensure that clear definition of variation or extra is provided as the basis for negotiation. New Zealand Qualifications Authority 2016 3029 version 4 28-Jun-16 4 of 5 HORTICULTURE RESOURCES MANAGEMENT Interpret contract documentation and manage horticulture contracts 4.2 Negotiation results in agreement for extras and variations to be undertaken in accordance with the requirements of applicable contract law, and clearly determines the basis for completion of work involved. 4.3 Where procedures for dealing with variations and extras are defined in the original contract, those procedures are applied. element 5 Manage fulfilment of horticulture contract obligations. performance criteria 5.1 Procedures adopted for the management of contracts and contract completion ensure parties to the contract fulfil their contractual obligations. 5.2 Where procedures adopted fail to secure fulfilment of contractual obligations, steps taken to obtain specialist advice and dispute resolution conform with applicable legislation. Comments on this unit standard Please contact Primary Industry Training Organisation http://www.primaryito.ac.nz if you wish to suggest changes to the content of this unit standard. Please Note Providers must be accredited by the Qualifications Authority or a delegated interinstitutional body before they can register credits from assessment against unit standards or deliver courses of study leading to that assessment. Industry Training Organisations must be accredited by the Qualifications Authority before they can register credits from assessment against unit standards. Accredited providers and Industry Training Organisations assessing against unit standards must engage with the moderation system that applies to those standards. New Zealand Qualifications Authority 2016 3029 version 4 28-Jun-16 5 of 5 HORTICULTURE RESOURCES MANAGEMENT Interpret contract documentation and manage horticulture contracts Accreditation requirements and an outline of the moderation system that applies to this standard are outlined in the Accreditation and Moderation Action Plan (AMAP). The AMAP also includes useful information about special requirements for providers wishing to develop education and training programmes, such as minimum qualifications for tutors and assessors, and special resource requirements. This unit standard is covered by AMAP 0032 which can be accessed at http://www.nzqa.govt.nz/site/framework/search.html. New Zealand Qualifications Authority 2016