Construction & Engineering Law 2018

Author:Ms Rhona Henry
Profession:Matheson
 
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1 Making Construction Projects

1.1 What are the standard types of construction contract in your jurisdiction? Do you have contracts which place both design and construction obligations upon contractors? If so, please describe the types of contract. Please also describe any forms of designonly contract common in your jurisdiction. Do you have any arrangement known as management contracting, with one main managing contractor and with the construction work done by a series of package contractors? (NB For ease of reference throughout the chapter, we refer to "construction contracts" as an abbreviation for construction and engineering contracts.)

There are a number of standard-form construction contracts used in this jurisdiction. The most commonly used forms are as follows:

Conditions of Building Contract issued by the Royal Institute of the Architects of Ireland ("RIAI") (together with a subcontract form); and Engineers Ireland conditions of contract for works of civil engineering construction (together with a form of subcontract). These conditions of contract are, particularly with respect to larger projects, usually heavily amended through a schedule of amendments to reflect risk profile currently acceptable in the market and to reflective legislative changes. In a design and build scenario, a further set of amendments can be incorporated into these conditions to facilitate a design and build procurement route.

In the case of more complicated projects, for example, in the pharmaceutical, information technology and energy market, there are a number of other types of contracts which are commonly used. For example:

the Fédération Internationale des Ingénieurs-Conseils ("FIDIC") suite of contracts, which includes a build-only form of contract, a design and build mechanical and electrical contract and a turnkey or engineering, procurement and construction ("EPC") contract; management contracts (which, in this jurisdiction, are typically based on the RIAI form); Institution of Engineering and Technology MF/1; New Engineering Contract ("NEC") Forms; and Joint Contracts Tribunal ("JCT") Forms. In the case of public sector works, the Government Construction Contracts Committee ("GCCC") have produced a suite of standard documents (including a build only, design and build (for both building works and civil engineering works), site investigation contract, framework agreement, minor works contract, a short form contract plus a contract for early...

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