Contractor's Claims Under The Riai Form Of Contract - A Lecture Presentation, Tony Cunningham

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Contractors’ claims for loss and expense have long been a contentious issue on many building contracts. Contractors’ claims for additional money arise where the actions or failings of the Employer and/or its agents delay or disrupt the Contractor’s regular progress of the works and cause the Contractor to suffer unexpected loss and/or expense in performing its contract.

These lecture presentation notes examine the topic of contractors’ claims for reimbursement of loss and expense under the Irish 2017 RIAI ‘Yellow’ Form of Contracts. The presentation outlines the grounds on which a claim for compensation may be made under this contract and …

Compensation Claims Under The Irish Pw-Cf1 Form Of Contract, Tony Cunningham

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Contractors’ claims for loss and expense have long been a contentious issue on many building contracts. Contractors’ claims for additional money arise where the actions or failings of the Employer and/or its agents delay or disrupt the Contractor’s regular progress of the works and cause the Contractor to suffer unexpected loss and/or expense in performing its contract.

These lecture presentation notes examine the topic of compensation claims under the Irish 2019 v2.4 Public Works PW-CF1 Form of Contract. The presentation outlines the grounds on which a claim for compensation may be sought under this contract and outlines the administrative procedures …

Measuring Element (31) External Walls Completion. An Introductory Demonstration, Tony Cunningham

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This demonstration is addressed to Irish students taking measurement or quantities modules at first year or entry level of quantity surveying related programmes.

The worked example has been carried out using traditional handwritten quantity surveying processes on traditional dimension paper. It is acknowledged that, in actual practice, this would be carried out using measurement software or on-screen measurement technology. The traditional handwritten approach, however, has been retained in order to enable novice students to develop the necessary measurement skills and build confidence through direct contact with drawings and written taking off processes. In addition the presentation illustrates how the work …

An Examination Of Time Related Issues Under The Principle ‘Traditional’ Irish Forms Of Contract, Tony Cunningham

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Timely delivery of construction projects is an important priority for most building clients, particularly for those operating in the private sector. Construction projects, however, rarely run like clockwork and schedule overruns are commonplace. This study reviews various issues regarding time-management by contract administrators and quantity surveyors on ‘traditionally’ procured building contracts, with specific reference to the Irish RIAI and PW-CF-1 Contracts. The review examines commencement, progress and completion issues related to these contracts. These included the setting of programme durations, the consequences of delays caused by events beyond the control of the contracting parties, and delays for which either the …

Preparing Interim Payment Valuations For Construction Works - Worked Examples And Solutions, Tony Cunningham

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The effective administration of the payment clause of a building contract is one of the most important tasks that the contract administrator and consultant quantity surveyor perform during the contract period. This study examines the principles and procedures for calculating interim payments in accordance with the terms of the Royal Institute of the Architects of Ireland (RIAI) ‘Yellow’ and ‘Blue’ Forms of Contract (2017) and the Public Works Contract Form - PW-CF1 (version 2.2 09/01/2017). These contract forms have recently been amended to take account of the Construction Contracts Act. The valuation principles and procedures are summarised and are applied …

The Riai Standard Form Of Contract 2017 Version:An Overview, Tony Cunningham

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The RIAI ‘Yellow’ and ‘Blue’ Forms of Contracts have been recently amended and published as the 2017 edition. This paper supersedes an earlier paper of the same title and reviews and synopsises the provisions of the 2017 RIAI ‘Yellow’ Form of Contract and identifies the principle changes that have been made to the superseded 2012 edition.

Measuring Walls In Accordance With Arm4 - An Introductory Demonstration, Tony Cunningham

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This demonstration involves the measurement of 'traditional' external brick and block cavity walls and internal block partitions. The demonstration is addressed to students taking (Irish) measurement or quantities modules at first year / entry level of quantity surveying related programmes. The worked example has been carried out using traditional handwritten quantity surveying processes on traditional dimension paper. It is acknowledged that this would be carried out using measurement software or on-screen measurement technology in actual practice. The traditional handwritten approach has been retained in order to enable novice students to develop the necessary measurement skills and build confidence through direct …

Valuing Variations In Accordance With The Principle Irish Standard Forms Of Building Contract – Worked Examples And Solutions, Tony Cunningham

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Given the nature of the construction process some change is almost inevitable. Standard forms of contract, therefore, cater for such change by including provisions which permit variations and alterations to the works. Variations may range from small inconsequential changes to major revisions which can delay and disrupt the completion to the project and place the project budget under considerable stress.

Establishing a realistic valuation for variations is not always a straightforward task. Even apparently simple changes can have significant unexpected consequences on project outcomes. This study examines how the valuation of variations may be carried out in accordance with the …

Cost Control During The Construction Phase Of The Building Project: - The Consultant Quantity Surveyor’S Perspective., Tony Cunningham

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Cost overruns are commonplace at all stages of the construction development process. This study discusses the practice and procedure employed by consultant quantity surveyors in controlling costs during the construction stage of traditionally procured building contracts. The discussion outlines generic cost planning and control procedures and advises practitioners to focus on the main areas of cost risk, - these typically arise as a result of incomplete design development. Particular emphasis is placed on the need to control expenditure under PC sums and provisional sums. The study outlines procedures regarding the administration of variations, claims for increased costs of labour and …

What Causes Cost Overruns On Building Projects? - An Overview., Tony Cunningham

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Cost overruns are commonplace during the construction phase of building projects. This study investigates common reasons why cost overruns happen on building projects. It examines how the client’s priorities and decisions regarding the project duration and quality expectations can undermine cost certainty. The actions of the client’s consultants, particularly those of the architect / employer’s representative, are identified as key factors in causing or preventing cost overruns. The building process, itself, is uncertain, particularly in relation to ground conditions. Large, complex and innovative construction projects containing a substantial element of specialist work are identified as ones which are particularly prone …

The Construction Contracts Act 2013 – An Overview, Tony Cunningham

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It is absolutely fundamental to trust within the construction industry that participants should be paid for the work which they have undertaken – Sir Michael Latham

The Construction Contracts Act 2013, in essence, deals with the timing of, amount of, and enforcement procedures for payments within the Irish construction industry. The Act was introduced to redress a perceived power imbalance between main contractors and sub-contractors which fostered poor payment practices. The Act establishes a formal payment process which may be enforced by aggrieved parties who claim they have not been paid on time or in full, through suspending the works …

Tender Procedure For Traditionally Procured Building Contracts In Ireland, Tony Cunningham

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The process of tendering for construction contracts is an expensive process, particularly where contracts are large and/or complex or involve partial, or total, contractor design. The underlying philosophy guiding best practice in tendering procedure is that of ensuring fair play among the tendering contractors. Tenders for building contracts may be obtained using a range of approaches. This study examines best practice in tendering procedure for building contracts in the private and public sectors in Ireland and focuses in particular on the procedures to be carried out under open and selective/restricted tendering approaches.

The study identifies where open tendering and selective …

An Introduction To Building Contracts: An Irish Context, Tony Cunningham

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A contract is an agreement which is capable of being enforced at law and whose essential characteristic is that of a bargain. Contract law focuses predominantly on commercial transactions and in the construction context these range from simple every-day transactions such as purchasing a box of nails to procuring multi-million euro building facilities. In Ireland construction clients typically engage designers and quantity surveyors to formulate designs and they subsequently contract with building contractors to construct the designs. The contractors, in turn, typically outsource much of the work to subcontractors and order materials from numerous suppliers. All of these activities involve …

Measuring Building Substructures: Solutions To ‘First Year’ Introductory Level Examination Questions, Tony Cunningham

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The measurement of substructure works to simple domestic type buildings is a logical starting point for students to commence the process of taking-off building quantities. Substructure work is typically the first class of work to be explained in textbooks dealing with both construction technology and building measurement. However, substructure work is often one of the most challenging elements to measure. In this paper, the author demonstrates the process of measuring basic substructure designs. The approach involves providing solutions to a sample of four Irish Department of Education Technological Certificate: Builders’ Quantities Intermediate Stage examinations. The intention is to demonstrate how …

The Role Of The Contract Administrator Under The Principal Irish Standard Forms Of Building Contract, Tony Cunningham

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Construction contract administration concerns the effective execution of construction contracts. The primary objectives of the individual appointed to administer a building contract typically include delivering the project safely, to the specified quality standards, on time, and within the employer’s budgetary constraints. The administrator’s task is to orchestrate and motivate the various designers and constructors to deliver the best possible performance both individually and as members of the team. This study has investigates the contribution made by the contract administrator in administering construction projects and outlines the decision-making, advisory and information roles undertaken by the contract administrator in the context of …

The Function And Format Of Bills Of Quantities:An Irish Context, Tony Cunningham

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The production of bills of quantities as a means of obtaining tenders has traditionally been viewed as a primary function of the quantity surveying profession.

This study investigates the function and format of bills of quantities in the Irish context. It explains the nature of bills, how they are compiled, and identifies the situations in which they may be used. The primary functions of the bill as a means of obtaining tenders and its status as a contract document are explored. The study also addresses particular aspects of the bill which may aid the effective management of construction projects for …

Measuring Internal Flush Doors In Accordance With Arm4 - An Introductory Worked Example, Tony Cunningham

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This demonstration is addressed to students taking (Irish) measurement or quantities modules at first year / entry level of quantity surveying related programmes. The worked example has been carried out using traditional handwritten quantity surveying processes on traditional dimension paper. It is acknowledged that this would be carried out using measurement software or on-screen measurement technology in actual practice. The traditional handwritten approach has been retained in order to enable novice students to develop the necessary measurement skills and build confidence through direct contact with drawn media and written taking off processes. In addition the presentation illustrates how the work …

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 …

Cost Control During The Pre-Contract Stage Of A Building Project – An Introduction, Tony Cunningham

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Cost overruns are commonplace on construction projects.

One of the most important tasks carried out by quantity surveyors (QS) involves providing advice to clients and design team colleagues to enable the design to be finalised within the approved budget. This financial management process is referred to as cost control. Cost control seeks to deliver a high degree of cost certainty during the various stages of the building project in order that the project can be completed within budget. Successful projects are those which are delivered to the required quality standards, on time, and within budget. Effective cost management therefore is …

Tender Documentation For Construction Projects - An Overview, Tony Cunningham

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The tender documents form the basis of the contractor’s offer to construct the works. The tender documents are the means by which the employer’s design and/or works requirements are communicated to the tendering contractors. These inform the contractor of the scope and detail of the project, the conditions under which the work will be executed, and they identify the rights and obligations of the various participants under the proposed contract. The tender documents enable contractors to price the works requirements and submit an offer (bid) which, if accepted by the employer becomes a binding contract. Some of the tender documents …

Appointing Main Contractors For Construction Work In The Republic Of Ireland. – An Overview., Tony Cunningham

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This study examines the various options available for a client to appoint a contractor. The study investigates open tendering, selective tendering, prequalification, two stage selective tendering, competitive dialogue, negotiation and serial tendering. In most building contracts the contractor is selected on the basis of competitive tendering. The price which the contractor quotes for the job is heavily influenced by both the amount and intensity of the competition. Even in the case of negotiated tenders there is implicit competition, as the employer can break off negotiations. If there is no competition the contractor can, in effect, ‘name his price’. This study …

Payment Arrangements In The Irish Construction Industry - An Overview, Tony Cunningham

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The payment arrangements adopted on a contract directly affect the level of risk borne by the client and the contractor. This study has examined various approaches used to pay for building construction work and explains the circumstances in which they used. Most substantial building contracts in Ireland are entered into by way of lump sum arrangements based on either detailed works requirements, bills of quantities or contractor’s proposals; the contractor quotes a price ‘up front’ under these arrangements. Occasionally, measurement approaches may be used where the extent of the works are established in-situ and valued in accordance with tendered rates. …

Composing Descriptions For Bills Of Quantities In Accordance With Arm 4 – Worked Examples, Tony Cunningham

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Two basic skills are at the heart of the measurement process: quantification and description. Descriptions answer the question, what is it? This paper examines the process of composing descriptions for bills of quantities measured in accordance with the ARM4 (Agreed Rules of Measurement). This process involves ‘translating’ design information contained in models, drawings and specifications into bill descriptions in order to enable tendering contractors to accurately price the work. The quantity surveyor’s task is to effectively communicate the cost significant information so that the estimator can visualise what is being described.

Descriptions contained in bills of quantities measured in accordance …

Measuring Building Perimeters And Centrelines - Worked Examples, Tony Cunningham

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Quantity surveyors are expected to be able to measure the perimeters of buildings as part of their routine practice. Building perimeter measurements are very useful in finding out the overall lengths of foundations, external walls, external wall finishes and associated items. One of the earliest difficulties faced by quantity surveying and construction management students, is mastering the technique of calculating perimeters of awkwardly shaped building plans. The student is typically required to calculate a perimeter and adjust this to derive the centrelines of various elements in the associated construction details. In this paper, the author aims to explain these processes, …

Arm4 - A Working Guide - Section B - Preliminaries, Tony Cunningham

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This paper is a companion to Section B – Preliminaries of the Agreed Rules of Measurement 4^th Edition (2009) and is provided as a guide to help better understanding of ARM and to clarify its contents. It is hoped that it may remove some of the disagreements which can arise on construction projects due to differences of interpretation. The paper follows ARM sequence, stating the rules first and following these with notes and commentary on the individual rules.

Because contractual terms and arrangements are a central concern of the preliminaries bill, this paper has been written with a particular …

Arm4:A Working Guide:Section A:General Rules, Tony Cunningham

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This paper is a companion to Section A – General Rules of the Agreed Rules of Measurement 4^th Edition (2009) and is provided as a guide to help better understanding of ARM4 and to clarify its contents. It is hoped that it may remove some of the disagreements which can arise on construction projects due to differences of interpretation.

The paper follows the ARM sequence, stating the rules first and following these with notes and commentaries on the various provisions. Some items contained within the ARM are self-explanatory, and therefore require no further comment. Explanations are generally by text …

Measuring Timber Pitched Roofs In Accordance With Arm4, Tony Cunningham

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Measuring Timber Pitched Roofs in Accordance with ARM4

Abstract

Timber pitched roofs are the dominant form of domestic roof construction in the Republic of Ireland. This worked example demonstrates the principles and techniques involved in measuring a very simple roof structure design in accordance with the principles of the Agreed Rules of Measurement (ARM4 – 2009). The worked example, nevertheless demonstrates a number of important techniques commonly used in measuring roof structures. The demonstration is addressed to Irish students of quantity surveying related disciplines at foundation level.

Measuring Slate Roofing In Accordance With Arm 4: - An Introductory Demonstration., Tony Cunningham

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This worked example demonstrates the principles and techniques involved in measuring a simple roof slating arrangement in accordance with the principles of the Agreed Rules of Measurement (ARM4 – 2009). The demonstration is addressed to Irish students of quantity surveying related disciplines at foundation level.

Contractors’ Claims For Loss And Expense Under The Principle ‘Traditional’ Forms Of Irish Building Contract, Tony Cunningham

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Contractor’s claims for loss and expense have long been a contentious issue on many building contracts. Claims are usually resolved during the final accounting process, but where negotiations fail, they frequently become disputes, with the parties adopting a legal route to resolve their differences. This review examines the topic of contractors’ claims in the context of ‘traditionally’ procured building contracts in theRepublicofIrelandand focuses on the RIAI ‘Yellow’ and the GCCC Public Works PW-CF1 Contracts. The study examines the grounds on which a claim for compensation may be made under these two contracts and describes the administrative procedures to be observed. …