Notices as Conditions Precedent under the Irish Public Works Contracts - A force to be reckoned with by Contractors
07.10.2008
In its new public works contracts, the Irish government has introduced new and stringent provisions in relation to a contractor’s administrative duties, including in relation to the notification of claims. One of the concerns underpinning the introduction of the new regime (including the introduction of stricter notification requirements for contractors) is achieving value for money, and managing cost overruns more efficiently, given concerns about overspend on major infrastructure projects in the past. By imposing stricter administrative equirements, it is hoped that cost overruns can be better controlled and, hopefully, avoided. Under the new public works contracts, timely notification of claims by a contractor for additional time and money by reason of certain delay events is required as condition precedent to entitlement, and is, therefore, a provision to be reckoned with by contractors. Whilst the requirement to give notice is not unusual in standard form Irish public works contracts (they are required under the GDLA and IEI forms of contract), they have not previously operated as conditions precedent.
