PETER MCCARTHY, Principal, Conlex Consulting, suggests eight top tips to deal with claiming changes to the works reqiuremenst in the Public Works Contract
Eight Top Tips to deal with claiming changes to the works requirements in Public Works Contract
- Be mindful of the information included in the Works Requirements (WR) box. This defines the scope of the Works
- The Schedule and Contract take precedence over the WR, so statements in the WR transferring risk to the Contractor will not apply
- Instruction to change the WR must come from ER named in the Schedule
- Check the Schedule to make sure the Employer’s Representative’s (ER’s) power to vary is not restricted
- Condition Precedent clause 10.3 must be strictly complied with for a claim to be valid
- Words or conduct of the ER may relieve the Contractor of compliance with clause 10.3
- Disputed claims must be referred to the dispute management procedure or conciliation under clause 13 of the PWC to remain live
- If the ER seeks to reduce the Contract Sum resulting from reductions to the WR, the ER/Employer
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Claiming for changes to the Works Requirements can often be a source of confrontation on construction projects. PETER MCCARTHY, Principal, Conlex Consulting, writes about how best to define the Works Requirements and what to do when claiming changes.
About Peter McCarthy
Peter McCarthy holds dual expertise in Quantity Surveying and Construction Law and is founder and owner of Conlex Consulting, which supports clients with pre-contract review, post-contract support, preparation and negotiation of claims, dispute avoidance and dispute resolution. Peter is a fellow member of the Society of Chartered Surveyors of Ireland and the Chartered Institute of Arbitrators and is an approved Adjudicator on the SCSI Adjudication panel.
To learn more, email peter@conlex.consulting or visit https://www.conlex.consulting/