What is a construction contract under the Act?
The Act defines a “construction contract“, “construction operations“, and the “exceptions“, which the Act does not cover.
A “construction contract” means an agreement (whether or not in writing) between an executing party and another party, where the executing party is engaged for any one or more of the following activities:
(a) carrying out construction operations by the executing party;
(b) arranging for the carrying out of construction operations by one or more other persons, whether under subcontract to the executing party or otherwise;
(c) providing the executing party’s own labour, or the labour of others, for the carrying out of construction operations.
What is a construction operation?
“construction operation” means subject to subsections (3) and (4), any activity associated with construction, including operations of any one or more of the following descriptions:
(a) construction, alteration, repair, maintenance, extension, demolition or dismantling of buildings, or structures forming, or to form, part of the land (whether permanent or not);
(b) construction, alteration, repair, maintenance, extension, demolition or dismantling of works forming, or to form, part of the land, including (without prejudice to the foregoing) walls, roadworks, power-lines, telecommunications apparatus, aircraft runways, docks and harbours, railways, inland waterways, pipe-lines, reservoirs, water-mains, wells, sewers, industrial plant and installations for purposes of land drainage, coast protection or defence;
(c) installation in any building or structure of fittings forming part of the land, including (without prejudice to the foregoing) systems of heating, lighting, air-conditioning, thermal insulation, ventilation, power supply, drainage, sanitation, water supply or fire protection, or security or communications systems;
(d) external or internal cleaning of buildings and structures, so far as carried out in the course of their construction, alteration, repair, extension or restoration;
(e) Operations which form an integral part of, or are preparatory to, or are for rendering complete, such operations as are previously described in this subsection, including site clearance, earth-moving, excavation, tunnelling andboring, laying of foundations, erection, maintenance or dismantling of scaffolding, site restoration, landscaping and the provision of roadways and other access works and traffic management;
(f) painting or decorating the internal or external surfaces of any building or structure;
(g) making, installing or repairing sculptures, murals and other artistic works that are attached to real property.
What are the exceptions?
2.— (1) A contract is not a construction contract—
(a) if the value of the contract is not more than €10,000, or
(i) the contract relates only to a dwelling, and
(ii) the dwelling has a floor area not greater than 200 square metres, and
(iii) one of the parties to the contract is a person who occupies, or intends to occupy, the dwelling as his or her residence.
(2) A contract of employment (within the meaning of the Organisation of Working Time Act 1997 ) is not a construction contract.
(3) A contract between a State authority and its partner in a public private partnership arrangement, as those terms are defined in the State Authorities (Public Private Partnership Arrangements) Act 2002 , is not a construction contract.
(4) Where a contract contains provisions in relation to activities other than those referred to in the definition of a construction contract and section 1 (2), it is a construction contract only so far as it relates to those activities.
(5) This Act applies to a construction contract whether or not—
(a) the law of the State is otherwise the applicable law in relation to the construction contract, or
(b) the parties to the construction contract purport to limit or exclude its application.
Please find links to other relevant information