The Gazette 1986

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

Second Day Session 1. Add i t i ons t o the Con t r act Sum (i) For Variations

First Day Session 1 The Legal Bac kg r ound

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 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. Session 2. Insurance

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.

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