PC Sum Query

Inches

Hi All

I was wondering if anyone could help me out with regard to a bit of a dilemma.
I work for a building contractor and entered into contract under the RIAI “Blue form”.

As part of the contract the Architect had specified a PC Sum for Windows and doors.

We were asked to compile 4 companies possibly suitable for windows and doors in which we had done. We also gave our recommendation of best possible company however the client and architect went against this an appointed a different company.


A during the snag list there was defects found in the windows and doors which was sent on to the window company. The remaining snags were completed by us and now the client is refusing to pay the final payment as he maintains that we are responsible for the snags to the windows and doors.

The question is, since the PC Sum was specified by the architect and the decision was that of the architect and client do they bear the liability for defects as oppose to the contractor?

kkelliher

Inches wrote: »

Hi All

I was wondering if anyone could help me out with regard to a bit of a dilemma.
I work for a building contractor and entered into contract under the RIAI “Blue form”.

As part of the contract the Architect had specified a PC Sum for Windows and doors.

We were asked to compile 4 companies possibly suitable for windows and doors in which we had done. We also gave our recommendation of best possible company however the client and architect went against this an appointed a different company.


A during the snag list there was defects found in the windows and doors which was sent on to the window company. The remaining snags were completed by us and now the client is refusing to pay the final payment as he maintains that we are responsible for the snags to the windows and doors.

The question is, since the PC Sum was specified by the architect and the decision was that of the architect and client do they bear the liability for defects as oppose to the contractor?

Under clause 16 of the blue form the main contractor is responsible for the works of the nominated contractor. If they are failing to carry out their snags give them a reasonable period and then get a third party to carry out the snags and contra charge in agreement with the architect under clause 16e

DOCARCH

Agree with KK, even supplier/sub-contractor, even though they are nominated, they are still the responsibility of the main contractor.

prewtna

A good question.

The guys above are spot on.

Would be great to get more of these queries on here!

Inches

Cheers for your reply..

The snags were sent onto the window company however they are refusing to fix the snags. Basically the external doors and windows are hardwood and doors are beginning to bow and not sealing right.

Why is the main contractor responsible of a nominated sub contractor? Surely if the architect himself included a pc sum at tender stage and also the architect/client made the decision to appoint a certain window contractor the responsibility should be on them?

We have a good relationship with the client and are doing our best to resolve the issue but holding back the final payment is putting us under serious pressure to pay others. It would be ashame to have to use clause 16e and put further costs onto the client and perhaps tarnish a good relationship

DOCARCH

Inches wrote: »

Why is the main contractor responsible of a nominated sub contractor?

Because it says so in the contract (Clause 16 as KK pointed out).

Can't answer why...but I am sure there is some valid reason.

Bear in mind that the terms/wording of the contract were drawn up by the RIAI, SCS and CIF, so in may ways, it's not really an RIAI (i.e. one sided) contract.

Inches

Again for all the replys.

Ah I was just wondering, thought it might of explained a reason under clause 16.

Atleast with Clause 16e will give us a bit of leverage to get it sorted

kkelliher

Inches wrote: »

Why is the main contractor responsible of a nominated sub contractor?

because the Main Contractor is in charge of the project, the site and all that is required to complete the works. It would be impossible to contractually link the works in any other manner.

Main Contracting is not an easy process and a lot of people take the contractual side for granted.