Section 1 – Contract ScenariosDATE: 24/12/2017TO: Joseph Lowham (Contract Administrator) The Law Society of IrelandFROM: Ian Kavanagh Architectural TechnologistSUBJECT: Project Issues Contract: RIAI Blue Forma) Description:During week one of the construction stage, unexpected adverse ground conditions were encountered which may impact on the setting out of the building, which lead to the main contractor (Barry Scott) advising that additional subcontractors may be required on site.In reference to “Clause 5 – Contractor to Provide Everything Necessary” of the RIAI Blue Form, the contractor has found a discrepancy in the contract documents (the unexpected adverse ground conditions not being previously stated) and that he shall immediately and in writing refer it to the Architect who shall decide the course to be followed.
In reference to “Clause 7 – Setting Out of Works” of the RIAI Blue Form, the contractor shall be responsible for and shall at his own cost amend any errors arising from his own inaccurate setting out unless the Architect shall otherwise direct.In reference to “Clause 15 – Assignment or Sub-letting” of the RIAI Blue Form, the contractor shall not without consent of the Architect sub-let any portion of the works.In reference to “Clause 30 – Delay and Extension of Time” of the RIAI Blue Form, as the ground conditions found were both unexpected and adverse the works will be delayed by reasons of (a) force majeure, and that an extension of time may need to be granted.b) Description:Due to storm Ophelia, the specialist cladding panels which were being delivered from the UK from the nominated supplier have not arrived and may be up to one week late.In reference to “Clause 30 – Delay and Extension of Time” of the RIAI Blue Form, as the weather conditions caused by storm Ophelia around the time of delivery were both informed on short notice and adverse the works will be delayed by reasons of both (a) force majeure, and (c) by reasons of any exceptionally inclement weather, that an extension of time may be granted.c) Description:The works have neared completion but a large glazed panel to one of the waiting has been identified as defective on site.
In reference to “Clause 8 – Materials and Workmanship to Conform to Description” of the RIAI Blue Form, the contractor may carry out tests on the large glazed panel to verify that it is defective, which the Architect may require in writing. Fees and charges for carrying out such tests may be funded by the Provisional Sum outlined in the contract documents.In reference to “Clause 30 – Delay and Extension of Time” of the RIAI Blue Form, as a large glazed panel to one of the waiting has been identified as defective on site and that a delay has occurred (d) by reason of loss or damage to the Works Ancillary Items which is covered by Clauses 21(A) to 26 inclusive of these conditions, that an extension of time may be granted.
In reference to “Clause 31 – Practical Completion and Defects Liability” of the RIAI Blue Form, the client may move back to the building on the pre-determined completion date, provided that the location of the defective glazing panel is effectively and securely bordered up until it is replaced, and that all works otherwise have reached a stage of “Practical Completion”.If you have any questions regarding your duties and responsibilities, please contact me at extension 1234, or via e-mail at [email protected] signature below indicates you have read and understand the responsibilities of the Contract Administrator. Please return this memo SIGNED to me NLT 09/01/2018. . .Signature DateSection 2 – Procurement Terminologiesa) Practical Completion:As per Clause 31 of the RIAI Blue Form it can be defined as; that the works have been “practically completed”, that they have been taken to such a stage that the employer/client can take them on and use them for the purpose intended.
That any remaining pieces of work/supply or obvious defects are of relatively lesser importance and that their completion or rectification do not interfere/interrupt with the client’s use.b) Safety FileThis is a file that consists of a collection of documents regarding the business, the type of work undertaken and completed for that specific site. Also known as the “health and safety file” which is a file, or other record containing the information in writing required by these Regulations. Under Construction Regulation 7 (1)(b) it states that a principal contractor and contractor must – “open and keep on site a health and safety file, which must include all documentation required in terms of the Act and these Regulations, which must be made available on request to an inspector, the client, the client’s agent or a contractor; …”c) DefectsAs per Clauses 21B – 31, a defect can be defined as a weakness or fault that would make an item or thing; undesirable, incomplete, ineffective, unsafe or of an unreasonable quality. It can be caused by an insufficient legal compliance because of incorrect or incomplete following of the relevant statutory procedure – the building regulations (i.
e. technical guidance documents) or the non-conformance of a specific product with the specified requirements i.e. insufficient specification or faulty products used.
d) Final CertificateAs per Clause 35 (i) and (j), the final certificate; denotes when both the defects liability period, the contract between the contractor and client has been successfully completed as well as the final monetary adjustments being made (i.e. cash retention). It is generally issued by the Architect at the satisfactory completion of any required rectification work.