Author: Tom Wren

Published: Spring 2014

ISBN: 9781905536627

A definitive work which analyses the current suite of mandatory public works standard form contracts and associated documents for all public construction works in Ireland.

Public Works in Ireland: Procurement and Contracting is a definitive work which analyses the current suite of public works standard form contracts and associated documents the use of which is mandatory for all public construction works in Ireland.

It provides a detailed analysis of the four major forms of construction contract, PWCF1 to PWCF4, inclusive, for use where the contract price is above the EU threshold for the EU Works Directive. All four standard forms have the same provisions, whether for building or civil construction, with modifications depending upon whether design is undertaken by the State authority employer, or by the contractor. The forms present a significant departure from what went before: some concepts are still relatively new to the industry and new language and definitions which remains to be tested in terms of interpretation.

Written as a reference source both for the procurement stage and  post award through the life of a construction contract, Public Works in Ireland contains a chapter for each clause of the contract with additional chapters dealing with EU public procurement law, associated model forms for bonds, warranties, standard letters and other procedural observances required under EU and Irish law. A chapter on the disputes clause contains a commentary on the conciliation process and a detailed analysis of the prescribed arbitration rules, AR1, in terms of the Arbitration Act 2010, and observations on the likely impact of the Construction Contracts Act 2013.

About the Author

Tom Wren, BCL, LLM, FSCSI, MCIArb, has over 30 years experience in the construction industry and has practiced extensively in the area of construction claims and disputes resolution as opinion witness, advocate, mediator, conciliator and arbitrator.

Contents Include

Chapter 1: Introduction

Chapter 2: Procurement and Tendering under the EU Directives and ITT

Chapter 3: FTS Series Tender and Schedule, WE 1.0 and Agreement

Chapter 4: The MF Series Model Forms

Chapter 5: Major Forms Clause 1: The Contract

Chapter 6: Major Forms Clause 2: The Law

Chapter 7: Major Forms Clause 3: Loss, Damage and Injury

Chapter 8: Major Forms Clause 4: Management

Chapter 9: Major Forms Clause 5: Contractor’s Personnel

Chapter 10: Major Forms Clause 6: Property

Chapter 11: Major Forms Clause 7: The Site

Chapter 12: Major Forms Clause 8: Quality Testing and Defects

Chapter 13: Major Forms Clause 9: Time and Completion

Chapter 14: Major Forms Clause 10: Claims and Adjustments

Chapter 15: Major Forms Clause 11: Payment

Chapter 16: Major Forms Clause 12: Termination

Chapter 17: Major Forms Clause 13: Disputes

Chapter 18: Major Forms: Optional Clauses PV1 and PV2

Who Should Buy This Book?

Public Works in Ireland will be of great interest to legal practitioners, construction professionals, government and local authorities, main contractors, sub-contractors, liquidators involved with construction and students of the property and legal professions.