STANDARD FORM CONTRACTS
Capital Works Management Framework
The OGP published amended forms of the Standard Conditions of Engagement for Technical Services and Archaeological Consultancy Services (COE1 & COE2 respectively). Further information is available here. Changes include amendments to the Payment clause to introduce a new fee adjustment mechanism for inflation that replaces the previous prolongation mechanism in the Prolongation clause.
JCT
JCT announced the release of further contracts:
- a suite of contracts including the 2024 Major Project Construction Contract and Sub-Contract. Further information is available here, and
- the 2024 edition of the Repair and Maintenance Contract. Further information is available here.
SUSTAINABILITY
Energy Performance of Buildings
Included in the Autumn 2024 Legislation Programme (here) as legislation for priority drafting is an Energy Performance of Buildings Bill to partly transpose the recast Energy Performance of Buildings Directive.
Deforestation Regulation
The Deforestation Regulation applies to “relevant commodities” which include wood. It prohibits such products being imported into, made available in or for exported from the EU unless they are “deforestation-free” and produced in accordance with the relevant legislation of the country of production.
The Commission announced there will now be a 12-month phasing-in period and published new guidance together with updated FAQs.
Our briefing is available here: EU Deforestation Regulation: Proposed Delay
Modern Methods of Construction
A report by the National Economic and Social Council, Boosting Ireland's Housing Supply: Modern Methods of Construction, defines MMC and its potential to deliver a significant increase in the supply of homes, to decarbonise new housing supply, and to create employment opportunities. It identifies six lines of action to further expand MMC: institutional leadership, standards and innovation, targets, innovative finance, new employment opportunities, and positive promotion.
FIDIC
FIDIC added a new procurement chapter to its Nature-Positive Infrastructure Playbook to encourage recognition of nature-positive approaches across the engineering, construction and infrastructure sector. It sets out how stakeholders can incorporate content on nature-positive infrastructure into their procurement process project briefs and scopes of work. Further information is available here.
STANDARDS
Regulation of Providers of Building Works
The Department of Housing, Local Government and Heritage is consulting until 13 November 2024 on a draft Code of Practice for Providers of Building Works, as required under section 20 of the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022. Further information is available here.
Building Standards Regulatory Authority
Included in the Autumn 2024 Legislation Programme (here) is a Bill to establish a Building Standards Regulatory Authority to strengthen the oversight role of the State in respect of the design and construction of buildings and the marketing and use of construction products.
FOREIGN INVESTMENT
Screening of Third Country Transactions
We understand the Screening of Third Country Transactions Act 2023 will be commenced in the first week of December 2024.
As previously mentioned, the Act sets out a framework to enable the Minister for Enterprise, Trade and Employment to review transactions involving foreign investment that may impact on security or public order in Ireland. The Act covers any transaction, acquisition, agreement or other economic activity resulting in a change of control of an asset in Ireland or the acquisition of all or part of any interest in an undertaking in Ireland. Such transactions are notifiable if they meet several criteria. One of the criteria is that the transaction relates to, or impacts upon, a relevant matter. Relevant matters include critical infrastructure (including energy, transport, water, health, communications, media, data processing or storage, aerospace, defence, electoral or financial infrastructure and sensitive facilities, including the land/real estate used crucial for the use of such infrastructure), as well as supply of critical inputs (including energy or raw materials).
Parties to a notifiable transaction are required to submit a notification to the Minister at least 10 days prior to the completion of the transaction.
For further information, our briefing on the Act is available here: An Overview of the Upcoming Foreign Investment Screening Regime in Ireland
This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.
