Recent revisions to GCCC form of contract.

by Bregs Blog admin team

change-roadsign

The Department of Public Expenditure and Reform issued revisions to GCCC form of contract on 27 June 2014. Introduction by SIAC Construction to the GCCC here. Quote from SIAC introduction:

“Back in the 70’s Max Abrahamson in his famous Construction Law textbook “Engineering Law and the ICE Contracts” used the phrase “in construction the rewards should go to the efficient not the lucky or the litigious”. It looks like there will be interesting times ahead for both the efficient and the two other contracting types.”

Breg Blog understand that over 70% of all public projects operating under the GCC form of contract since introduction in 2007 ended up in dispute post-completion.

For Building Control (Amendment) Regulations 2014 – Changes to Capital Works Management Framework template documents (Construction Procurement Reform)- click link here

We are not aware of any review or recommendations published by any of the representative bodies for engineers, surveyors or architects (ACEI, SCSI or RIAI) to date on these most recent changes.

The big change would appear to be Substantial Completion. Claims are usually about two things-time and money. As the ‘time’ is now under the control of the Building Control Authority, any delay will be ‘money’ for the builder.

Extract:

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27 June 2014: Building Control (Amendment) Regulations 2014 – Changes to Capital Works Management Framework template documents

Further to the News Item of 6 March 2014: Building Control (Amendment) Regulations 2014 – Procurement Implications for Contracting Authorities and the publication of GN 1.1.1 v1.0 06/03/2014, the template documents published under the Capital Works Management Framework have now been amended to reflect the changes.

The Particulars to the Instructions to Tenders – Works, indicate that the form of contract applicable to the tender is the one published on the Construction Procurement Reform website 10 days before the latest date for the receipt of tenders.  Contracting authorities should take note of this requirement should they choose to apply the new form of contract in any current tender competition.

The revised Form of Tender and Schedule (FTS9) should be used for all Construction Service Provider tenders.

The changes made to the standard template works contractors and service providers’ documents are set out in detail below.

Pillar 1 – Public Works Contracts – Amendments to PW-CF1, PW-CF3, PW-CF5, and Schedules

CLAUSE 1 – THE CONTRACT

Sub-clause 1.1 Definitions

The following new definitions have been included:

▪Ancillary Certificate

▪Assigned Certifier

▪Building Control Regulations – note there is a slightly different wording for PW-CF3 and PW-CF5 in recognition that the Building Control Regulations will not apply to all aspects of civil engineering projects.

▪Code of Practice for Inspecting and Certifying Buildings and Works

▪Inspection Plan

▪Inspection Notification Framework

The following existing definitions have been amended:

▪Consent – ‘Ancillary Certificate’ added to the first sentence.

▪Contractor’s Documents – ‘Consents’ added to the first sentence.

▪Employer’s Personnel – ‘Assigned Certifier’ included as the last item in the list of bullet points

▪Substantial Completion of the Works or a part of the Works [including a Section] –  ‘the details in the Certificate of Compliance on Completion of the Works or a part thereof have been included on the Register maintained under Part IV of the Building Control Regulations.’ has been added as a new point (5).

CLAUSE 4 – MANAGEMENT

SUB-CLAUSE 4.8.2 – ‘[INCLUDING OTHER CONSENTS]’ HAS BEEN ADDED AT THE END OF POINT (2) –CLAUSE 4.8 NOT USED IN PW-CF5

Sub-clause 4.8.4 – ‘and any other Consents’ has been added to the end of the last line – Clause 4.8 not used in PW-CF5

Sub-clause 4.9 – ‘having regard to the requirements of the Inspection Plan and Inspection Notification Framework’ has been added to the end of the first sentence. ‘and any Inspection Plan requirements’ has been added into the square brackets at the end of the second sentence.

Sub-clause 4.11.1 – ‘including any requirements arising from the Inspection Plan and Inspection Notification Framework’ has been added to the end of the sub-clause.

new sub-clause 4.12.2 has been added to sub-clause 4.12 Documents.

CLAUSE 5 – CONTRACTOR’S PERSONNEL

Sub-clause 5.5 – ‘(i)’ has been included after both references to the Schedule, part 1F to accommodate a second matrix in the Schedule, part 1F.

new sub-clause 5.8 Ancillary Certificates has been added.

CLAUSE 8 – QUALITY, TESTING AND DEFECTS

Sub-clause 8.3.1 – ‘Assigned Certifier’ has been added into the first sentence.

Sub-clause 8.3.2 – ‘and the Assigned Certifier’ has been added after both references to Employer’s Representative.

Sub-clause 8.3.3 –  ‘and the Assigned Certifier’ has been added after the first reference to Employer’s Representative.

Sub-clause 8.4.1 – ‘[including the Inspection Plan]’ has been added into the first sentence. ‘and the Assigned Certifier’ has been added into the second sentence.

CLAUSE 11 PAYMENT

Sub-clause 11.4.1 – ‘(i)’ has been included after both references to the Schedule, part 1F to accommodate a second matrix in the Schedule, part 1F.

Schedule

Part 1 F has been split into part 1 F (i) Collateral Warranties and a new section – F (ii) Ancillary Certificates.

Pillar 1 – Public Works Contracts – Amendments to PW-CF2, PW-CF4, and Schedules

CLAUSE 1 – THE CONTRACT

Sub-clause 1.1 Definitions

The following new definitions have been included:

▪Ancillary Certificate

▪Assigned Certifier

▪Building Control Regulations – note there is a slightly different wording for PW-CF4 in recognition that the Building Control Regulations will not apply to all aspects of civil engineering projects.

▪Code of Practice for Inspecting and Certifying Buildings and Works

▪Design Certificate

▪Inspection Plan

▪Inspection Notification Framework

The following existing definitions have been amended:

▪Consent – ‘Ancillary Certificate’ and ‘Design Certificate’ added to the first sentence.

▪Contractor’s Documents – ‘Consents’ added to the first sentence.

▪Contractor’s Personnel – ‘Design Certifier’ added to the first sentence.

▪Employer’s Personnel – ‘Assigned Certifier’ included as the last item in the list of bullet points

▪Substantial Completion of the Works or a part of the Works [including a Section] –  ‘the details in the Certificate of Compliance on Completion of the Works or a part thereof have been included on the Register maintained under Part IV of the Building Control Regulations.’ has been added as a new point (5).

Clause 4 – Management

Sub-clause 4.8.2 – ‘[including other Consents]’ has been added at the end of point (2)

Sub-clause 4.9 – ‘having regard to the requirements of the Inspection Plan and Inspection Notification Framework’ has been added to the end of the first sentence. ‘and any Inspection Plan requirements’ has been added into the square brackets at the end of the second sentence.

Sub-clause 4.11.1 – ‘including any requirements arising from the Inspection Plan and Inspection Notification Framework’ has been added to the end of the sub-clause.

new sub-clause 4.12.2 has been added to sub-clause 4.12 Documents.

Clause 5 – Contractor’s Personnel

Sub-clause 5.5 – ‘(i)’ has been included after both references to the Schedule, part 1F to accommodate a second matrix in the Schedule, part 1F.

new sub-clause 5.8 Ancillary Certificates has been added.

Clause 8 – Quality, Testing and Defects

Sub-clause 8.3.1 – ‘Assigned Certifier’ has been added into the first sentence.

Sub-clause 8.3.2 – ‘and the Assigned Certifier’ has been added after both references to Employer’s Representative.

Sub-clause 8.3.3 – ‘and the Assigned Certifier’ has been added after the first reference to Employer’s Representative.

Sub-clause 8.4.1 – ‘[including the Inspection Plan]’ has been added into the first sentence. ‘and the Assigned Certifier’ has been added into the second sentence.

Clause 9 – Time and Completion

Sub-clause 9.1.1 – ‘The Contractor shall give the Employer at least 20 working days’ notice prior to the date that the Contractor intends to commence constructing the Works.’ has been added as the last line of the sub-clause.

Clause 11 Payment

Sub-clause 11.4.1 – ‘(i)’ has been included after both references to the Schedule, part 1F to accommodate a second matrix in the Schedule, part 1F.

Schedule

Part 1 F has been split into part 1 F (i) Collateral Warranties and a new section – F (ii) Ancillary Certificates.

Pillar 1 – Public Works Contracts – Amendments to PW-CF6

Clause 1 – The Contract

Sub-clause 1.1

The following new definitions have been included:

▪Assigned Certifier

▪Building Control Regulations – the same definition as used in PW-CF3, PW-CF4 and PW-CF5 is used here.

Sub-clause 1.2

▪The following new condition has been included under ‘substantially complete and substantial completion’ :

‘the details in the Certificate of Compliance on Completion of the Works or a part thereof have been included on the Register maintained under Part IV of the Building Control Regulations.’

Clause 2 – The Site, starting and completing the Works

Sub-clause 2.9 – ‘and shall provide any document necessary to demonstrate compliance with the Building Control Regulations’ has been added to the end of the sub-clause.

Clause 3 – The Works

Sub-clause 3.7 – ‘Assigned Certifier’ has been added into the first sentence.

Sub-clause 3.8 – ‘and the Assigned Certifier’ has been added after both references to Employer’s Representative.

Pillar 1 – Public Works Contracts – Amendments to PW-CF11 Term Maintenance and Refurbishment Works

Clause 1

Sub-clause 1.2 – a definition of Building Control Regulations has been added

Sub-clause 7.3 – ‘(including Contractor’s Personnel)’ has been added after the first reference to the Contractor.  ‘in conformance with the Building Regulations’ has been added after ‘good practice’, and ‘Where requested by the Employer’s Representative, the Contractor shall provide the certification necessary to comply with the Building Control Regulations.’ has been added as a new last sentence.

Pillar 1 – Forms of Tender and Schedules FTS1 to FTS5

Part 1 F has been split into part 1 F (i) Collateral Warranties and a new section – F (ii) Ancillary Certificates.

Pillar 2 – Standard Conditions of Engagement – Amendments to Instructions to Tenderers

 ITTS1(a); ITTS1(b); ITTS2(a); and ITTS2(b)

▪New Section 5.12 Assigned Certifier.

▪New Section 5.13 Design Certificate.

▪Additions to Particulars to indicate whether the service provider will be required to provide the Assigned Certifier role (Instructions Section 5.12) or to sign the Design Certificate (Instructions section 5.13).

▪Additional rows added for quality criteria and sub-criteria.

Pillar 2 – Standard Conditions of Engagement – Amendments to Form of Tender and Schedule (Service Providers)

FTS9 and COE1 Schedule

Schedule B

▪Two new sections added on first page to indicate whether the service provider will be appointed as Assigned Certifier or whether they will be required to sign the Design Certificate.

▪Consultants Stage Services has been updated to include all Whole Stages/Sub-stages.

▪Project Supervisor for the Design Process Service section updated to reference Safety Health and Welfare (Construction) Regulations 2013.

The proposed review of the CWMF Guidance Notes will reflect the changes above.

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Other posts of interest:

7 posts all architects (surveyors + engineers) should read – click link here

For Practical Post Series 1-20 – click here

3 must-read posts for employees – click link here

Legal perspective: consumer benefit? BC(A)R SI.9 – click link here

Alarming Legal opinion: BC(A)R SI.9 –  click link here

Assigned Certifiers facing jail? BC(A)R SI.9 – click link here

Law Society : Certifier is single point of responsibility – click link here

Difficult Senior Council Opinions: BC(A)R SI.9 –  click link here

BREG Blog Archive 1- November 2013 – click link here

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