The client should be aware of all the legislation that
effects the build of his new multimillion euro project, three of the of the
most important pieces of legislation/Acts are; The Contractors Contract Act
2013, The Safety,
Health & Welfare (Construction) Regulations 2013, and The Building Control (Amendment) Regulations
aspects of each piece of legislation is explained in the summary below. The
reason for the choice of these particular pieces of legislation is that they
cover a broad range of aspects to consider when working in the construction
industry and will be a good knowledge base for my client.
Contractors Contract Act 2013
The Contractor’s Contract Act 2013 was passed on the 29/7/13,
the commencement order of the act was only signed on the 13th of
April 2016. One of the reasons behind this act taking just under 3 years to be
enacted was, the amount of time it took for members of the construction
contracts adjudication panel to be appointed, which was required under S.8 of
The Contractor’s Contract Act 2013 includes twelve The
Section 1 Interpretation.
Section 2 Construction contracts the exceptions .
Section 3 Payments under construction contracts.
Section 4 Payment claim notices.
Section 5 Right to suspend work for non-payment.
Section 6 Right to
refer payment disputes to adjudication.
Section 7 Right to suspend work for failure to comply with
Section 8 Selection of panel of adjudicators.
Section 9 Code of practice for adjudication.
Section 10 Delivery of notices etc.
Section 11 Expenses.
Section 12 Short title and commencement.
The Function of the Contractor’s Contract Act 2013
The main function of the Contractor’s Contract Act 2013 is to standardize payments which are under construction
contract, it imposes the obligation that
contracts expressly provide for the quantity of all interim and closing payments. “The Act also renders so-called ‘pay
when paid’ clauses ineffective and gives parties the right to refer any payment
disputes under construction contracts to adjudication”(Lee, 2016).
The act is used for any construction contract entered after
24th of July 2016; the act can also be implied term in the contract.
Exceptions of the Contractor’s Contract Act 2013
The act affects anything that has to do with construction
except: The contract only applies the construction related element of a
contract. It doesn’t include the manufacturing of any components of the
delivery of anything on to the site. To private residential building except for
homes over 200m2 in area. The contract must be in excess of €10,000
to be affected by this act.
The headings of the Act that we will look at are:
1.0 Payments under construction contracts
The Contractor’s Contract
Act 2013 says that all construction contracts will show ;
The amounts of intermediate and last payments
Payment claim dates
The time period for payment.
When the contract does not include for the above the Contractor’s
Contract Act 2013 imposes a default payment provisions on the contract.
2.0 Payment claim notices
The contactors contract act 2013 obliges the party whom is pursuing
the payment to provide the employer with more in depth information than a regular
invoice. The claim must state the claimed amount of the invoice even if it is
zero, the time of stage the claim refers too, the subject of the claim and the
amount claimed for and rationale for the amount claimed.
The information the payee will give in his/her invoice
will aid to the payers understanding of the work which they are paying for. Public
work contacts (pwc) issued by the GCCC is seen to be quite prescriptive in the
content provided from a contractor when seeking payment, The royal institute of
chartered surveyors Ireland (riai) contract requires the contractor to provide
more information when seeking payment the information is given to the architect.
The contactors contract act 2013 gives
more guidance’s as to the content of supporting information
for payment needed under all construction contracts.
The contactors contract act 2013 states that payer has
21 days to argue the amount being requested under a payment claim
notice. When disputing the amount of the sought after payment the payer
must; state the amount that is proposed to be paid, the reasoning behind the
difference in amount requested and the amount the employer seeks to be paid and
the calculations involved in seeking the proposed claim.
right to suspend work for non-payment
The contactors contract act 2013 gives the right to stop work
when they have not been paid in full by the due date of payment. The payee may
then suspend the work by giving a written notice the day after the payment due date.
In the notice it shall state: The grounds for the suspension and at least 7 days’
notice before the start of the proposed suspension.
4.0 Right to refer payment disputes to adjudication (and to suspend work
for non-compliance with adjudicator’s decision).
The Act can refer any payment dispute to adjudication, both
parties are not forced into adjudication they may also agree an alternative
form of dispute resolution.
The Act also grants the right for either
party to suspend work for failure to agree with the adjudicators decision.
Case law ( Contractors contract act 2013)
An example of case law, the Contractor’s Contract Act
2013 was (W.L. Construction -v- Chawke & Anor 2016 ) The case began with WL
Construction completing a renovation for publican Charlie Chawke and co-owner
Edward Joseph Bohan. The independents headline of the court case was
“Builder tried to charge well-known businessman Charlie Chawke 13 time’s actual
bill” WL claim for the money was struck out.
Safety, Health & welfare (Construction) Regulations 2013
The Safety, Health & Welfare (Construction) Regulation
2013(SHWR) succeeded the Safety Health Act 2005, the SHWR came
into effect on the 1st of August 2013. We will look at part 2 of the
SHWR, Design and Management Requirements of the Construction Regulations. The
headings are The Duties of clients — appointments of project supervisors the duties
to ascertain suitability of project supervisor, designer and contractor
appointees duties of clients, safety file the duties of clients, safety and
health plan and the duties of clients, notification to the Authority.
A client is described as “a person for whom a project is
carried out”. The client has to appoint a competent project supervisor for
every job; they have to be appointed before the commencement of the design
process of the job. Another project supervisor must be appointed before the
commencement of the construction phase of the project. Other
duties that the client must adhere to is to Assess health and safety
resources, notify Health and Safety Authority of appointments of PSDP (and
PSCS) AF1 Form (See appendix) and cooperate with PSDP and PSCS.
The duties of the project supervisor during the design
process are to coordinate activities of all the designers, which include the
designers employed by the main contractor in the construction stage and design
stage of the project. He/she must also prepare preliminary Safety and Health
plan and prepare a safety file on completion of the project.
The duties of the project supervisor during the construction
stage are as follows; Co-ordinate welfare provisions, Co-ordinate monitoring of
FÁS Safe Pass and CSCS Keep records relating to FÁS Safe Pass and CSCS Liaise
with site safety representative
Case law (Safety, Health & welfare (Construction) Regulations 2013)
In this case Patrick Donnelley and LPB Building Services
Limited and Bernard Tansey 2012, “On the 13th August 2009, the plaintiff
sustained a serious injury to his right eye as he was dismantling a wire fence
in his back garden. He was using a small wire cutter tool to cut a horizontal
support wire which was assisting to hold the wire fence in situ, with a view to
eventually removing the fencing in question when all support wires had been
removed. According to his evidence, he had with some difficulty, given the age
and type of wire cutter being used, cut through this particular wire when it
immediately sprung back and struck his right eye, causing a full thickness
corneal laceration injury which, though repaired by surgery, has left him with
visual impairment, an increased risk of developing a cataract and also leaves
him more prone to eye infections into the future.” Donnelly’s case was struck
out due to him not having a safe pass or a clear line of employment