Dispute Resolution PWC – Standing Conciliator Mechanism

In relation to the amendments to the PWC suite of contracts introduced in January 2016, Members should have regard to the CBA Tech Talk presentation given by Anthony Hussey, solicitor which may be accessed in the Codex.

The Department of Public Expenditure and Reform (DEPR) has published the revised a model form for the appointment of a standing conciliator. The new revisions have generally come into force effect s and from the 4th of April 2016.  Members might have generally have regard to Circular 01/16 (“Construction Procurement – revision of arrangements for the procurement of public works projects”) which may be downloaded HERE .

New appointment form

In relation to public works contracts with a value in excess of €10 million  (see PWC-CF1 to PWC-CF4), regard should be had to the conciliator appointment form which details the terms and conditions upon which the standing conciliator is to be engaged.  The relevant standard appointment form may be downloaded HERE. Members will be aware that the standing conciliator mechanism is optional in public works  contracts whose value is under the €10 million. Members might also usefully have regard to the guidance note concerning dispute resolution within the Capital Works Management Framework which might accessed HERE. 

JSF

14.04.2016

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