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The Public Works Contract sets short, fixed windows for claims. The Irish courts have held that missing them can bar a claim outright, whatever its merit.
Under clause 10.3.1, the Contractor must give notice within 20 working days after becoming aware, or when it should have become aware, of something that could result in an extension of time, an adjustment to the Contract Sum or another entitlement.
Details of the claim, with the calculation of the adjustment to the Contract Sum and any extension of time, follow within a further 20 working days.
Under clause 10.5, the Employer's Representative has 20 working days to respond: request more information, agree, decline or determine the claim.
Public bodies in Ireland use the PWC suite under the Capital Works Management Framework, with separate forms for employer-designed and contractor-designed building and civil engineering works, and for minor works.
The Public Works Contract is the suite of standard contracts used for public works in Ireland. It is published by the Office of Government Procurement as part of the Capital Works Management Framework.
It depends on who designs the works and what type they are. Forms PW-CF1 to PW-CF4 cover building and civil engineering works designed by the employer or by the contractor, with separate forms for minor works and site investigation.
A compensation event is an event listed in the contract that can entitle the Contractor to more time, more money or both, such as a change to the Works Requirements or late information from the Employer's side. The clause 10.3 notice procedure is broader: it applies to any claim for an extension of time, an adjustment to the Contract Sum or another entitlement, with notice due within 20 working days.
The Employer's Representative is appointed by the Employer to administer the contract. They issue instructions and certificates, and respond to claims within 20 working days.
Clause 10.3 is the Contractor's claims procedure. The Contractor gives notice within 20 working days after becoming aware, or when it should have become aware, of anything that could result in an extension of time, an adjustment to the Contract Sum or another entitlement, then gives details within a further 20 working days. Failing to comply can remove the entitlement.
Under clause 10.5, the Employer's Representative responds within 20 working days of receiving the Contractor's submission, by requesting more information, agreeing, declining or making a determination.
Contract terms vary by edition and are frequently amended. Always check the contract and any project-specific amendments that apply. This guide is general information, not legal advice.
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