Specialist Contracting

Construction 4.0 Sub-committee: Chairman, Tim Ferris – Specialist Technical Services

The specialist contracting department can offer assistance on prequalification matters including turnover levels, time periods for submission etc.
Where a contracting authority is in breach of national procurement guidelines, the specialist contracting team can contact the authority confidentially on your behalf.

The Specialist Contracting team can offer assistance on tendering matters, including time periods for submission.
Where a contracting authority is in breach of national procurement guidelines, the specialist contracting team can contact the authority confidentially on your behalf.

The Specialist Contracting team can provide information and guidance to members on subcontract forms in use in the Irish Construction Industry as well as Model Forms and Collateral Warranty agreements.

The team provides guidance to members on difficulties that arise during the contract period, in both  public and private sector projects. Members contact the CIF with issues relating to contract clauses, payment problems and final accounts. In all circumstances, members of the Specialist Contracting team are in a position to offer assistance to members in relation to the risks at any stage of the contract period.

The Specialist Contracting Team can offer assistance to members in how best to deal with disputes that may arise, through the mechanisms outlined in the contract, or by agreement with the parties to the dispute.

The Specialist Contracting Team has extensive knowledge of the alternative dispute resolution mechanisms available as follows:

• Mediation
• Adjudication
• Conciliation
• Arbitration
• Dispute Appointments

Should a member of the CIF find themselves in a dispute and require names of potential dispute resolvers, the Contracting team can provide the member with three names of appropriate persons, once they are given details of the dispute and the parties involved.

Where the parties to a dispute are unable to agree on the person to act as the dispute resolver and the contract names the President of the CIF as the default appointee, the Contracting team will co-ordinate the request for the appointment of an appropriate person from the CIF Dispute Resolution Panel.

The Specialist Contracting Team can offer advice to CIF members who are facing disputes through the ‘Dispute Support Scheme’ which can connect members with practitioners with backgrounds in architecture, law, quantity surveying and engineering.

One essential service available to all fully paid-up members of the CIF is the Payment Recovery Assistance Programme (PRAP). This programme is offered in collaboration with solicitor firms that are business members of the CIF.

Since its inception in 2010, the PRAP Scheme has been providing a unique and highly beneficial service to members encountering challenges in recovering payments from their clients. This scheme ensures that members have access to the necessary legal support to address and resolve payment disputes.

The Specialist Contracting Department in the CIF is responsible for the development of training programmes for members, which are delivered by subject matter experts. Training programmes delivered to members include:

• Payment Process under the Construction Contracts Act 2013
• The Adjudication Process – Taking the Case Step by Step
• Dealing with Construction Contracts – Contract Formation – Payments – Programme – Quality & Defects

If members are interested in company specific training on a particular topic, please contact the Specialist Contracting Department for further information.

On matters relating to public sector works, the Specialist Contracting Department has regular and ongoing engagement on behalf of its members with a number of Government Departments and Agencies.

Other external bodies representation include:

• Agreed Rules of Measurement (ARM) Joint Committee
• SME Advisory Group

As a member of the Construction Industry Council [CIC], the CIF is involved in the development of the Practice Notes and Ancillary Certificates for use with the Building Control Amendment Regulations introduced in 2014. Guidance notes and webinars have been developed and are available in the Contracting Resource Hub.

The Specialist Contracting team deals with queries from members on the operation of BCAR and their obligations and responsibilities under the legislation.

All members of the CIF have access to the Industrial Relations Department which provides invaluable support and assistance to members in respect of Industrial Relations matters.

The CIF Industrial Relations Sub-Committee deals with policy matters in relation to pay and conditions of employment of workers in the industry including issues such as hourly rates, pensions, sick pay, working hours, union engagement etc.