The public works and services contracts use the fast-track arbitration procedure by which proceedings will be conducted expeditiously according to a strict 100-day timetable.\u00a0 All arbitral proceedings are required to be conducted on the fast track unless the parties otherwise agree or the tribunal, the issue is too complex to be dealt with in a short timeframe.<\/p>\n
The public works contracts in as with the Engineers Ireland and RIAI contract have procedural rules for the conduct of conciliation in relation to dispute.\u00a0 Each conciliation process is commenced by one party giving notice and a description of the issue and a conciliator is appointed by agreement or on default of agreement by the president of the relevant institution.\u00a0 Under the public works contracts, parties to nominate an appointing body in the schedule.<\/p>\n
Position statements are required of each and parties are to allow them and send them to the conciliator an advance statement of their intentions in the dispute.\u00a0 This may include facts, observations and legal argument.\u00a0 The conciliation hearing contemplated under EI and RIAI procedures, confidentiality is to be maintained.<\/p>\n
The contract unlike the RIAI and EI procedures do not expressly provide that privilege for disclosures in the conciliation, disclosure from use in subsequent arbitration and litigation.<\/p>\n
Each procedure requires the conciliator to issue a recommendation.\u00a0 They are final and binding if not rejected within a certain period.<\/p>\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Delay & Compensation The public works contracts make claims for delay more difficult than in pre-existing and conventional contract.\u00a0 There are extensive recordkeeping obligations.\u00a0 There are obligations to update programmes which may disincentivise the contractor in making claims. The contractor is deemed to have included in the price and in programme for delays and compensation […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[58],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/816"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=816"}],"version-history":[{"count":3,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/816\/revisions"}],"predecessor-version":[{"id":819,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/816\/revisions\/819"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=816"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=816"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=816"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}