Important Definitions under the CCA 2013

Section 1 of the CCA 2013 contains a number of important detailed definitions. The definitions below summarise and simplify what are often complex definitions under the act. For certainty the definitions in Section 1(1) of the CCA 2013 should be referred to.

Construction contract

A “construction contract” may be in writing or oral and includes where one of the parties (the “executing party”) is engaged in “construction operations” and/or arranging for the carrying out of “construction operations” such as under a subcontract and/or providing labour for the carrying out of “construction operations” (Section 1(1));  

A “construction contract” also includes agreements in relation to “construction operations” to do work or provide services ancillary to the “construction contract” such as architectural, design, archaeological or surveying work, engineering or project management services (Section 1(2));  

A “construction contract” does not include the manufacture or supply to a construction site of building or engineering components, materials, plant or machinery (Section 1(3));   

Construction operations

“Construction operations” is defined widely in Section 1(1) and covers a range of activities including:

• Construction, alteration, repair, maintenance, extension, demolition or dismantling of buildings, or structures forming, or to form, part of the land (whether permanent or not) (Section 1(1)(a));
• 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 (Section 1(1)(b));
• Systems of heating, lighting, air-conditioning, thermal insulation, ventilation, power supply, drainage, sanitation, water supply or fire protection, or security or communications systems (Section 1(1)(c)); external or internal cleaning of buildings and structures, so far as carried out in the course of their construction, alteration,
• Repair, extension or restoration (Section 1(1)(d)); site clearance, earth-moving, excavation, tunnelling and boring, laying of foundations, erection, maintenance or dismantling of scaffolding, site restoration, landscaping and the provision of roadways and other access works and traffic management (Section 1(1)(e));
• Painting or decorating the internal or external surfaces of any building or structure (Section 1(1)(f)); making, installing or repairing sculptures, murals and other artistic works that are attached to real property (Section 1(1)(g)).

Executing party

“Executing party” means the contractor (where the other person is the employer) or the subcontractor (where the subcontractor agrees to execute the subcontract work);    

Main contract

“Main contract” means a construction contract where the parties are a contractor and an employer;

Minister

“Minister” means the Minister for Public Expenditure and Reform;

Other party

“Other party” means the party to the construction contract who is not the “executing party”;

Payment claim

“Payment claim” means a claim to be paid an amount under a “construction contract”;

Payment claim date

“Payment claim date” means the date when a “payment claim” in relation to an amount due under the “construction contract” is required to be made;

Payment claim notice

“Payment claim notice” is a notice delivered not later than 5 days after the “payment claim date” by the “executing party” to the “other party” which includes details of the amount claimed.

Payment dispute

“Payment dispute” means any dispute relating to payment arising under the CCA 2013.

Subcontract

“Subcontract” means a construction contract where the “other party” is a contractor and the “executing party” is a “subcontractor”;

Subcontractor

“Subcontractor” means a person to whom the execution of work under a construction contract is subcontracted by the contractor or another subcontractor;

Work

“Work” in relation to a "construction contract", means any act done in furtherance of the "construction contract" under the terms of the "construction contract".

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