Following the issuing of the Government Report on the Review of the Performance of the Public Works Contract (PWC) in December 2014 a number of imminent changes have been proposed. These amendments include a very significant increase in the role of the Bill of Quantities. In the attached paper the details and implications of the changes are discussed.
Adjudication Update: December 2015
The interviews for the Panel of Adjudicators have now been completed but there are question marks over the validity of the process availed of for that purpose. Furthermore changes to the Code of Practice may delay the long awaited implementation of the legislation even further.
The Companies Act 2014
The new Companies Act (the Companies Act 2014) was enacted in late December 2014. With nearly 1500 Sections and 17 Schedules, this is the largest piece of legislation ever enacted by the Oireachtas. The bulk of the legislation became effective on 1st June 2014. Please find attached a summary of some of the key changes that may be of relevance.
New Construction Industry Register Ireland (CIRI)
Following the coming into operation of the Building Control (Amendment) Regulations 2014 (SI No. 9 of 2014), the new Construction Industry Register Ireland (CIRI) provides a means of finding a “competent” builder.
New Procurement Regulations in the UK
In our briefing of last November we discussed the fact that, before April 2016, all member states were required to implement the new procurement directives governing the procurement of works services and supplies by government and state agencies. Whilst the Irish implementation process is currently underway, and the government is presently considering submissions from stakeholders and interested parties, the UK has forged ahead. The Public Contracts Regulations 2015, governing public procurement in England Wales and Northern Ireland become effective as and from 26th February 2015. Transitional arrangements have been provided for in the Regulations in respect of competitions which are presently ongoing, but all new competitions will be governed by these Regulations, and not those dated 2006, which are revoked.
Contract Law: “Battle of the Forms”
In the perennial area of Contract Law known as the “battle of the forms”, the Supreme Court has recently issued its judgment in the case of Noreside. In this case, aggregates which were delivered to the Contractor (Noreside) were subsequently found to contain pyrite and the Supplier (Irish Asphalt) sought to rely on its own terms and conditions as referred to on its delivery dockets. The Supreme Court held that in order to be incorporated into the contract more would be required than a “bland reference to terms and conditions being available on request
BIM Mandate in Northern Ireland
With industry stakeholders here currently evaluating the introduction of Building Information Modelling (BIM) into construction contracts, it is interesting to note that the Government of Northern Ireland has confirmed that all appropriate centrally procured construction projects above £4.3 million approx. will be delivered to BIM Level 2 from 1st April 2016 as set out in the attached notification.
If you have any queries in relation to this topic please contact Simon Fraser of this office
Unique Aspects to Irish Adjudication Legislation
A paper presented by Anthony Hussey, 27th November 2014
Public Procurement – Exciting Times Ahead
A paper presented by Siobhan Kenny, 27th November 2014