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The Five Persons in the RIAI Contract

The Five Persons in the RIAI Contract

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Published by Letgo_01
Construction Law
Construction Law

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Published by: Letgo_01 on Jul 13, 2010
Copyright:Attribution Non-commercial


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The Five Persons in the RIAI Contract
The five persons within this contractual paradigm are the Architect, theQuantity Surveyor, the Employer, the Contractor, and finally the NominatedSub-Contractor.The Architect is the Administrator who is empowered by Law under thecontract to carry out instructions on behalf of the client, who is termed theEmployer, with due regard to the rights of the Builder who is termed theContractor.The Architect liaises with the Quantity Surveyor, who monitors the effectsof Price Increases, Extras, Costs and Variations and assists the Architect inensuring that the Contract is correctly administered.The Architect liaises with the Contractor, the Nominated Sub-Contractor, theSuppliers, the Structural Engineer, the Mechanical and Electrical Engineerand the Quantity Surveyor to co-ordinate the Contracts Completion andminimise costs.The Architect has a responsibility to design in accordance with the BuildingRegulations and to oversee the implementation of these Regulations by theContractor. During the Construction Stage, the Architect is appointed toinspect the works at Periodic Intervals. The Architect cannot be constantlyon site, in fact Architects inspections can be routinely programmed for oneevery two weeks. A lot can happen on site in the space of just one weekand a considerable amount of work can be completed and covered upbetween Architects visits.The Architects Certificate of Opinion on Compliance with BuildingRegulations is exactly that, an Opinion. The Architect certifies that all workhe has inspected is in accordance with minimum standards.The Architect also has a duty of care as established in the Donoghue vStevenson Case (1932) in Tort to third parties to act with reasonable
competence in the provision of the services that are within the scope of the Agreement with the Employer.The second person in the RIAI Contract also belongs to a professional bodyand that is the Society Of Chartered Surveyors Of Ireland.The role of a Quantity Surveyor is to manage and control the costsassociated with the Construction of the project. The preparation of Bills Of Quantities is one of the most important elements of Quantity Surveying. ABill Of Quantities is a Document itemising the materials, parts, and labourrequired to construct, maintain, or repair a structure or device.The Quantity Surveyor should also be able to explain the Cost Implicationsof design decisions taken at an early stage for example if a design willrequire too much labour, time or materials. A Quantity Surveyor is alsoconcerned about the budget of the Project and how to deliver the mostefficient building within the Allocated Budgeted Amount.The third party to the RIAI Contract is the Employer. The main requirementof the Employer is that he has enough money to pay all concerned in theprocess. The Employer must not hinder the Contractor and must co-operatewith him.The Employer must make any necessary Subcontractor Nominations within areasonable time. The Contractor will generally have a right to object toEmployers Nominations on reasonable grounds.The Employer appoints the administrator to be the Architect. SomeArchitects obligations under the contract are carried out by the Architecton behalf of the Employer and must be carried out with due care and skill.This means the Architects negligence could render the Employer liable.The Employer must ensure that a competent Construction Design andManagement co-ordinator is appointed. The Employer must also ensure thatno Construction Work commences until a Health and Safety Plan is put inplace.
The fourth person in the RIAI Contract is the Contractor. The BuildingContractor is obliged to construct the works in accordance with the plans,drawings, bills and specifications which define the work in written andgraphic form. The building documents will be attached to or referred in thebuilding documents. The make-up of the building documents will depend onthe nature of the work.The workmanship is as described in the building documents. Where there isno specified standard, the standard is to be appropriate to the works andmaterials.The Contractor must comply with statutory obligations, including inparticular the planning permission (which will be reflected in the buildingdocuments) and the Building Regulations which set out minimum buildingstandards.The Contractor controls the site and all persons on it. Consequently, theContractor must be indemnified substantially from every possible eventualityoccurring. The Contractor has three basic Insurance requirements. (i)Employer Liability Insurance, (ii) Contractors All Risk Insurance, (iii) PublicLiability Insurance.The Contractors obligation is to pay for work done and under certaincircumstances to compensate for loss and expense.The fifth person in the RIAI Contract is the Nominated Subcontractor. ANominated Subcontractor involves the selection and appointment of asubcontractor (or supplier), which allows the Employer and its professionalteam full involvement in the selection process.The Employer uses this method to sublet sections of work to an individualcompany at an early stage in the project using the subcontractors expertisefor design and co-ordination.The timing of the involvement and appointment of the subcontractor is theEmployers decision. If the employer requires, the subcontractor will be

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