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The RIAI Contracts

The form of contract for Irish nominated building sub-contractors has featured previously HERE.

At the time I made no reference to its terms. I do now. It is badly written. It is a challenge, for instance, to find the provision under which the Main Contractor is obliged to make payment to the sub-contractor (Clause 11).

This is not good enough, given the likely value of the sub-contractor’s work and contract. The terms of the contract are not very generous to the sub-contractor either. They associate the Contractor’s obligation to pay, with the Architect’s certificates issued under the Main Contract. How and in what circumstances is the sub-contractor going to receive a copy of the certificates, or even notification of them?

There is no provision to cover this and it behooves the sub-contractor to ensure a contractual obligation on the Contractor to notify, at the very least, the sub-contractor of the issue of certificates.