Capital Works Management Framework Guidance Note Public Works Contracts gn 5

Appendices

Overview

Contents

This section contains the following appendices that supplement the information in the main body of the guidance notes:

Appendix		See Page
A	Comparison of Minor Works Contracts and Traditional Contracts Outlines the differences between minor works contracts and traditional employer-design contracts.	237
B	Pre-Tender Checklists Includes a number of checks that the Employer needs to complete before issuing tender documentation.	239
C	Price Variation Calculation under PV2 (Formula Fluctuations Method): Worked Examples Contains a number of worked examples to illustrate the application of the various price fluctuation formulae.	245
D	Department of Finance Guidelines on Methods of Measurement Details of Department of Finance approved method of measurement (Building) and amendments to approved methods of measurement (Civil).	254

Appendix A: Comparison of Minor Works Contracts and Traditional Contracts

Comparison Table

	The Minor Works Contract for the Provision of Building and Civil Engineering Works Designed by the Employer (the minor works contract / contract N^o5) is similar in most respects to the Public Works Contract for the Provision of Building Works ( Civil Engineering Works) Designed by the Employer (the traditional contracts N^o. 1 and N^o. 3). The differences are summarised in the table below.
		Clausein Traditional Contracts^*	Differences in the Minor Works Contract
		1.6 Parent Company Guarantee	There is no requirement on the Contractor under the contract to provide the parent company guarantee by the Starting Date.
		2.7 Legal Opinion	There is no clause requiring the provision of a legal opinion relating to a Contractor who is not an individual or company incorporated in Ireland.
		3.3.1 Insurance of Employer’s Property	Part 1D of the Schedule does not provide for an additional list of Employer’s property which the Contractor must insure.
		3.9.3 Extensions and Additional Requirements in the Schedule	Part 1D of the Schedule does not provide scope for the Employer to specify extensions and additional requirements in relation to insurances.
		3.9.9 Owner-controlled Insurance	Does not provide for the insurance programme to be owner-controlled.
		4.2.1(2) Supervisor	The Contractor must appoint a supervisor to the site, but the supervisor does not need to be appointed on a full time basis.
		4.8 Value Engineering	Does not include a procedure for value engineering.
		4.9 Programme	The content requirements for the programme are not as detailed. However, if more details are required they can be set out in the Works Requirements.
		4.10 Progress Reports	The content requirements of progress reports are not as detailed.

^*Clause numbers refer to the Contract Conditions.

Continued on next page

Comparison Table, Continued

Clause in Traditional Contract	Differences in the Minor Works Contract
5.4 Sub-contractors and Specialists	If the Contractor intends to sub-contract part of the works, other than in accordance with the Contract, the Contractor should obtain the consent of the Employer’s Representative (ER).
7.9 Access	Does not contain the traffic obligations relating to the transport of large loads.
7.10 Condition of Site on Completion	There is no such clause relating to removing Contractor’s Things
7.11 Working Times	There is no clause relating to the site working times of the Contractor’s personnel.
8.5 Rejection of Defects	Does not contain a mechanism allowing the ER to reject the works if a defect deprives the Employer of substantially the whole benefit of the Works.
9.4 Programme Contingency	There is only one threshold (stated in the Schedule) in relation to the number of site working days’ delay. If the delay is less than the threshold, there shall be no extension to the Date for Substantial Completion. If the delay exceeds the threshold, then only those days by which it exceeds the threshold may be added to the Date for Substantial Completion. This clause does not apply to extensions of time resulting from delay events which are not also compensation events.
9.7 Taking Over Part of the Works	Does not contain a provision relating to the take-over by the Employer of part of the works before Substantial Completion.
10.7.3 Delay Costs	Makes no provision for adjustment of the Contract Sum in the case of a compensation event resulting in seven or more consecutive non-working days leading to an extension of the Date for Substantial Completion.