Contracts for use in the Irish Construction Industry

Main Contracts

Public Works Contracts Forms

A suite of contracts exists for use in the Public Sector, for works that are publicly funded. All of these contracts are available for download from the Capital Works Management Framework website here.

The most widely used of these forms are:

• PWCF1&3 Public Works Contract for Building Works/Civil Engineering Works designed by the Employer [used for Employer designed projects valued at over €5million]
• PWCF2&4 Public Works Contract for Building Works/Civil Engineering Works designed by the Contractor [used for Design & Build projects valued at over €5million]
• PWCF5 Contract for Minor Building & Civil Engineering Works designed by the Employer [used for Building & Civil Engineering Works valued between €1million and €5million]
• PWCF6 Public Works Short Form of Contract [used for Building & Civil Engineering Works valued up to €1million plus VAT]

The form of contract to be used for any public works project will be identified at tender stage and issued to tendering Contractors.

Private Sector Contract (PSC): Conditions of Contract for Building and Engineering Works Designed by the Employer

A new form of contract is now available for use by Ireland’s construction industry under the title Private Sector Contract (PSC): Conditions of Contract for Building and Engineering Works Designed by the Employer; it was jointly launched and published on 15 September 2020 by its three sponsoring organisations, the Construction Industry Federation (CIF), Engineers Ireland and the Society of Chartered Surveyors Ireland (SCSI). This new form of contract is intended to be suitable for all medium to large-scale building or civil engineering works here in Ireland, where the design of the project is to be provided by the Employer. The documents comprise the Agreement, Conditions and Schedule, which can be downloaded here.

RIAI Construction Contracts

There are four main forms of contract in the RIAI Suite of Construction Contracts:

• 2017 Construction Contract (Blue) [RIAI Contract for use in private sector contracts where Quantities do not form part of the Contract – Lump Sum]
• 2017 Construction Contract (Yellow) [RIAI Contract for use in private sector contracts where Quantities form part of the Contract – remeasurable]
• RIAI Articles of Agreement SF88 (Pink) 2012 Edition [RIAI Contract designed for use in less complex domestic project where there are no nominated sub-contractors or suppliers]
• Building Contract White Form August 2002 [RIAI Plain Language contract suitable for all contracts and includes for nominated sub-contractors and suppliers]

The first two documents are agreed with the RIAI, SCSI and CIF and are available for purchase from CIF Reception – for further information please contact 01 4066000.

The Pink and White Forms of Contract are not agreed with CIF and are available only from the RIAI directly, please see www.riai.ie for further information.

JCT Contracts

The JCT (UK Joint Contracts Tribunal) contract families contain main contracts and sub-contracts which reflect the range of collaborative procurement methods used by construction industry. Traditional/Conventional, Design and Build, Management, and Integrated team/Partnering contracts are all provided.

JCT Forms of contract are occasionally used on Irish construction contracts. These contracts are available to purchase from the Joint Contracts Tribunal website here.

NEC Contracts

NEC is a family of contracts that facilitates the implementation of sound project management principles and practices as well as defining legal relationships. It is suitable for procuring a diverse range of works, services and supply, spanning major framework projects through to minor works and purchasing of supplies and goods.

NEC Forms of Contract are occasionally used on Irish construction contracts and are available to purchase from the NEC website here.

Sub Contracts

Public Works Sub-Contract Forms

A suite of sub-contracts exists for use with the Public Works Main Forms of Contract as follows:

• Agreement and Conditions of Sub-Contract (Domestic) 3^rd Edition October 2016 [used where the Sub-Contractor is appointed by the Contractor to carry out Sub-Contract Works]
• Agreement and Conditions of Sub-Contract (NN) 2^nd Edition February 2016 [used where the Sub-Contractor is a Reserved Specialist engaged by a direct tender by the Employer]

Private Sector Contract Sub-Contract Forms

A suite of sub-contracts exists for use with the Private Sector Contract as follows:

• Agreement and Conditions of Sub-Contract (Domestic) First Edition 2020 [used where the Sub-Contractor is appointed by the Contractor to carry out Sub-Contract Works] The second edition of this document is currently being finalised and will be published Q2 2021.
• Agreement and Conditions of Sub-Contract (Named/Novated/Nominated) First Edition 2021 [used where the Sub-Contractor is named or nominated by the Employer, or the Employer has novated its contract with the Sub-Contractor] This document is currently being finalised and will be published Q2 2021.

Sub-Contracts for use with RIAI Forms of Contract

A suite of sub-contracts exists for use with the RIAI Forms of Contract as follows:

• CIF Specialist Contract Document First Edition 1999 [used where the Specialist Contractor is appointed by the Contractor to carry out Specialist Contract Works]
• Agreement and Conditions of Sub-Contract (Nominated) First Edition January 2020 [used where the Sub-Contractor has been nominated by the Employer in the Main Contract]
• Agreement and Conditions of Sub-Contract (Domestic) First Edition 2021 [used where the Sub-Contractor is appointed by the Main Contractor to carry out Sub-Contract Works