Main Contracting

The Main Contracting Department can offer assistance in relation to issues on tendering including retention levels, performance bond requirements, and time periods for submission. Minimum standards are set out in the Public Works Management Framework Guidance Notes and in the EU Procurement Directives [for projects above the EU threshold of €5.22m] in respect of public sector works, and in the Liaison Committee Code of Practice for Tendering & Contractual Matters 2006 in respect of private sector works.

Where a contracting authority or client is in breach of one of the requirements of the national procurement guidelines or the EU Directives as outlined above, the CIF Main Contracting team will contact them confidentially in this regard.

The Main Contracting Team in the CIF can provide information and guidance to members on the vast majority of forms of contract in use in the Irish Construction Industry including PW-CF Forms, RIAI Forms, IEI Forms and associated sub-contracts as well as Model Forms and Collateral Warranty agreements.

The team also regularly advises members on difficulties that arise during the contract period, whether it be a contract for public or private sector works. Members contact the CIF with issues relating to difficult clients, problems on site, payment problems and final accounts on projects varying from small domestic refurbishment works to multi-million euro schemes. In all circumstances, members of the Main Contracting team are in a position to offer assistance to members at any stage of the contract period.

The Main Contracting Team in the CIF can offer assistance to members in how best to deal with any disputes that arise, whether this be through the mechanisms outlined in the contract, or otherwise by agreement with the parties to the dispute.

The Main Contracting Team in the CIF 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 Main 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 Main Contracting team within the CIF will co-ordinate the request for the appointment of an appropriate person from the CIF Dispute Resolution Panel.

The Main Contracting team in the CIF is well versed in the EU Procurement Directives including:

• Remedies Directive 2007/66/EU
• Procurement Directive 2014/24/EU
• Utilities Directive 2014/25/EU
• Concessions Directive 2014/23/EU

As well as the relevant Regulations transposing the Directives into Irish law.

The CIF has also published a Guide to the EU Procurement Directives, with an updated version for the 2014 Directives and 2016 Regulations to be published in 2017.

One vital service available to all fully paid-up members of the CIF is the Payment Recovery Assistance Programme. This programme is offered in conjunction with solicitor’s firms who are business members of the CIF.

The PRAP Scheme has been in operation to 2010 and provides a unique and highly beneficial service to members who find themselves in difficulty when trying to recover payment from their clients.

Having been involved in the development of the Construction Contracts Act 2013, the Main Contracting team is very well placed to provide information and assistance to members as regards their rights and obligations under the Act.

The Act, which applies to all construction contracts (written or otherwise) entered into after 25th July 2016, introduces the concept of Adjudication as well maximum payment periods for sub-contractors, and prohibits the use of pay when paid clauses. The CIF is currently engaged with the Department of Jobs, Enterprise and Innovation in respect of amendments which would improve the operation of the Act.

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. A guidance note for members has been developed by the Master Builders’ and Contractors’ Association, which is available in the publications section and is due to be updated pending the publication of Practice Notes 3 and 4 by the CIC.

The Main Contracting team also deals regularly with queries from members on the operation of BCAR and their obligations and responsibilities under the legislation as well as contractually.

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 issues.

The Industrial Relations Sub-Committee of the CIF 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. Main Contracting members of the CIF are very well represented on this Committee by nominees from the Master Builders’ and Contractors’ Association and the Civil Engineering Contractors Association.

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

• Prequalification and Tendering
• Construction Contracts Act 2013
• New Amendments to Public Works Contracts 2016
• Claims Management

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

Another feature of the offering to members of the CIF is Breakfast Briefings, which are arranged on a regular basis on areas of interest to members. Past briefings have been delivered by bodies such as:

• Department of Education & Skills
• Irish Water
• Dublin Airport Authority
• eTenders
• Revenue Commissioners
• Office of Government Procurement

All members are notified of upcoming briefings, which are free to attend for paid-up members of the CIF.

The CIF recognises the importance of business development for all members of the Federation, and can provide assistance on core areas of buildings your business including advertising, promoting your services and marketing.

In relation to private sector works, the Main Contracting Department represents CIF members on the Liaison Committee for the Building Industry, which considers issues relating to private sector contracting and is made up of representatives from the CIF, RIAI, SCSI, Engineers Ireland and ACEI.

On matters relating to public sector works, the Main Contracting Department has regular and ongoing engagement on behalf of its members with a number of Government Departments and Agencies and also represents CIF members on the Construction Industry Council [CIC]. The CIC, which was formed in 1991, is made up of the ACEI, BMF, CIF, Engineers Ireland, RIAI and the SCSI.

Agreed Rules of Measurement (ARM) Joint Committee

For more information on this committee and to access items for download, follow this link.

eTenders public procurement: www.etenders.gov.ie

Information about EU Public Procurement: www.simap.europa.eu

Irish Government Public Private Partnership: www.ppp.gov.ie

Irish Government website: www.gov.ie

Irish Public Procurement Signpost Portal: www.procurement.ie

Revenue Commissioners: www.revenue.ie

Remedies Directive: www.eur-lex.europa.eu/en/index.htm

Construction Contract Documents: www.constructionprocurement.gov.ie

Society of Chartered Surveyors Ireland: www.scsi.ie

Royal Institute of Architects of Ireland: www.riai.ie

Liaison Committee: www.liaisoncommittee.ie