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2-day Course in DUBLIN on

OPERATING THE RIAI BUILDING

CONTRACT

19th & 20th May, 1986

This is an advanced, practical course on the R.I.A.I. Conditions of Building Contract and their interrelation

with the Employer/Nominated Sub-Contract Agreement.

This two-day course will discuss the difficulties met in operating the Conditions. Emphasis will be placed upon

what the clauses do not regulate, as well as what they actually say.

The course will be given against a background of Irish Law.

COVERAGE

First Day

Session 1

The Legal Bac kg r ound

The Employer's contracts with - The Architect - The

Contractor - The Sub-Contractor. The Contractor's

Tender - keeping the Tender open. Effect of the Letter

of Intent. Acceptance of the Tender. Signing or

Sealing the Agreement. Six or twelve year liability in

contract. Effect of the Final Certificate. Architect's

and Contractor's liability in tort.

Session 2.

Extension of T ime

Clause 30.

Events not justifying extensions of time. Extensions

under Clauses 28 and 34(a). Calculating the

extensions due - the Critical Path. The position if the

Contractor falls behind an accelerated programme.

What extensions carry entitlement to payment.

Overlapping causes of delay. Time being rendered at

large.

Session 3.

The Em p l o y e r / N o m i n a t ed

S u b - C o n t r a c t or

Ag r eement

Sub-Contractor's obligation in respect of design. Con-

tractor's obligation in respect of design. - Clause 25.

Direct payment to Sub-Contractor. Tripartite arbitrat-

ions. Necessary amendment to the Main Contract —

Clause 37. Adapting the Agreement to cover:

Nominated Suppliers: Domestic Sub-Contractors and

Suppliers.

Second Day

Session 1.

Add i t i ons t o the Con t r act Sum

(i) For Variations

Limits upon the Architect's power to issue variations.

Is a change of sequence of working a variation? etc.

Rules for valuation of variations.

(ii) For Lack of I n f o rma t i on

Clause 1 (i): Distinction between an Instruction and the

lack of an Instruction.

(iii) In respect of Nomi na t i ons

Nominations of Sub-Contractors who cannot

complete in accordance with Contractor's prog-

ramme. Clause 16(a): Nomination of Suppliers.

(iv) Quan t i f y i ng Claims

Golden Rules. Financing Costs.

(v) Resisting Cl a ims

Session 2.

Insurance

What the Contractor must insure. What is not insured.

The problem of defects caused by bad design. The

position if the Employer insures in lieu of the Con-

tractor. Making good damage insured.

Session 3.

Comp l e t i on and Possession

Contractor's consent to partial possession. Conse-

quent obligations upon the Architect. Practical

Completion Certificate. Meaning of "practically com-

pleted". Defects liability period. Relation to Con-

tractor's 6 or 12 year liability. Final Certificate and its

legal effect.

De t e rmi n i ng t he Con t r ac t o r 's Emp l oymen t.

Employer's grounds for determining Contractor's

employment. Obtaining possession of the site.

Employer's rights. Con t r ac t o r 's grounds for

de t e rmi n i ng the emp l oymen t.

Con t r ac t o r 's

entitlements.

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