Architecture Commons^™

Dispute Resolution Under The Principal Irish Forms Of Building Contract, Tony Cunningham

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The construction industry is known to be litigious (Latham, 1994). This is hardly surprising given the industry’s fragmented nature in which project teams comprising an extensive network of employers, designers and constructors are brought together to deliver once-off projects, following which, the organisation is almost always disbanded. The short term objectives of the various groupings are often competing and occasionally incompatible. For example, many employers will wish to minimise costs in developing a project, designers may resist pressures on budgets in order to safeguard their ‘brand’, and the commercial imperative of maximising profit will drive contractors towards charging what the …

Risk Allocation Under The Principal ‘Traditional’ Irish Forms Of Building Contract, Tony Cunningham

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Construction projects are risky ventures. Risks are inevitable and cannot be entirely eliminated but they can be transferred through appropriate wording in the clauses of a contract. Construction contracts allocate particular risks between the parties in order to identify who bears the cost if a particular risk comes to pass.

This study examines how contractual risks are allocated to the contracting parties under the Royal Institute of Architects in Ireland Form, 2012 version, where quantities form part of the contract, commonly known as ‘the Yellow Form’, and the Public Works Contract PW CF1 Form v 1.10, 2014 where the design …