Model Forms

This document contains the complete set of Model Forms 1 to 17.

This is a model of the bid bond that may be used with a Public Works Contract. A bid bond is effectively a contract of guarantee whereby the guarantor or surety (authorised to do guarantee business) undertakes to pay damages to a second party, in this case the Employer, when the Contractor does not honour his tender. In essence, the guarantor undertakes to be answerable for losses suffered by the Employer if the Contractor withdraws following a bid.

Employer Instructions: – Employer Instructions

Employer Instructions: – Employer Instructions

Employer Instructions: – Employer Instructions

Employer Instructions: – Employer Instructions

Employer Instructions: – Employer Instructions

Employer Instructions: – Employer Instructions

Employer Instructions: – Employer Instructions

Employer Instructions: – Employer Instructions

Employer Instructions: – Employer Instructions

Employer Instructions: – Employer Instructions

Employer Instructions: – Employer Instructions

This is a model of the letter sent by the Client/Employer to the unsuccessful Tenderers after the Contract has been awarded. This model letter may be cut-and-pasted onto the Employer’s letterhead.

This is a model of the performance bond that may be used with a Public Works Contract. A Performance Bond is effectively a contract of guarantee whereby the guarantor or surety (authorised to do guarantee business) undertakes to pay damages to a second party, in this case the Employer, arising from a breach of contract, for losses sustained by the Employer due to non-performance by the Contractor. In essence, the guarantor undertakes to be answerable for losses (up to the limit of the Bond) suffered by the Employer if the Contractor’s obligations are not performed in accordance with the Contract.

This is a model of the parent company guarantee that may be used with a Public Works Contract. A parent company guarantee assures the Employer recourse to the parent company’s financial standing, technical capability and resources provided the parent company is prepared to underwrite the liabilities of its subsidiary in the competition. For example, such a guarantee should be required if the partners in a joint venture go forward as the Contractor in a tender competition having relied on their parent company’s financial standing, technical capability or resources to pass the assessment process.

Novation is where the Contractor takes over the role and responsibilities of the Employer in relation to a contract that the Employer has with another party. This arises where an Employer enters into a contract with another party with the intention that at some time during that contract the main Contractor will replace the Employer through a novation arrangement.
■MF 1.8 is the model of the novation and guarantee agreement that may be used with a Public Works Contract where the contract is being novated to a joint venture company.

Novation is where the Contractor takes over the role and responsibilities of the Employer in relation to a contract that the Employer has with another party. This arises where an Employer enters into a contract with another party with the intention that at some time during that contract the main Contractor will replace the Employer through a novation arrangement.
■MF 1.9 is the model of the novation agreement that may be used in all other circumstances.

This is a model of the form to be used when the Contractor is appointed as Project Supervisor for the Construction Stage (PSCS) or as Project Supervisor for the Design Process (PSDP) and PSCS. It is also used when a Contractor’s nominee is appointed as PSDP.

This is a model of the form used to certify that the Contractor has professional indemnity insurance. Where it is requested, the Contractor is responsible for maintaining professional indemnity insurance in relation to design negligence. It may be required on traditional contracts where there is a large amount of Contractor or Specialist design, and it is always required on all contractor-designed projects.

This is the model of the form of collateral warranty used to create a contractual link between specialists and the Employer. A collateral warranty is a form of deed that seeks to create a contractual link between the Employer and specialists contracted to the main works contractor. This can be of value where, for example, the main works contractor becomes bankrupt, as the Employer has step-in rights by virtue of the collateral warranty, and the Employer also has access to the specialists in relation to their design liability.

This is a model of the certificate used to certify that the Contractor is compliant with the Industrial Relations Acts 1946 to 2004 and all other relevant legislative requirements.

This is the model of the form of bond that the Contractor must have in place as a condition of payment for certain unfixed or offsite works items. These are items that have not yet been incorporated into the works.

This is the model of the form of retention bond that the Contractor must give the Employer in return for payment that would otherwise be retained until the end of the Defects Period.

This is the model of the form appointing the conciliator who is engaged to assist in the resolution of any dispute between the Employer and the Contractor.

If the conciliator recommends that the Employer should make a payment to the Contractor and the Employer does not agree with that recommendation, the Employer should issue a notice of dissatisfaction and make the payment subject to the receipt of a bond provided by the Contractor for the same amount as the payment. This form is a model for such a bond. The purpose of the bond is to cover the eventuality that the final resolution of the dispute (by arbitration) might reverse the conciliator’s recommendation. Note: This provision can also be utilised by the Contractor if the Contractor has to make a payment to the Employer on foot of a conciliators recommendation.