Pillar 1 Model Forms

MF 1.4 – Employer Instructions – 31/03/11
MF 1.4 – Letter of Acceptance – 03/08/2020 rev

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 copied and pasted onto the Employer’s letterhead.

MF 1.5 – Letter to Tenderers Notifying Award – 28/07/09rev

This is a model of the performance bond that may be used with  Public Works Contracts PW-CF1 to PW-CF5 (inclusive) where a Performance Bond is required. 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.

MF 1.6 – Performance Bond (PW-CF1 to PW-CF5 inclusive) – 09/04/20

MF 1.7 – Reliance Guarantee (PW-CF1 to PW-CF4 inclusive) – 18/07/23

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 Public Works Contracts (PW-CF1 to PW-CF5 inclusive) where the contract is being novated to a joint venture company.
• for all other novations MF 1.9 ‘Novation Agreement’ should be used.

MF 1.8 – Novation and Guarantee Agreement (PW-CF1 to PW-CF5 inclusive) – 09/04/20 

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 with Public Works Contracts (PW-CF1 to PW-CF5 inclusive) in all circumstances except where the contract is being novated to a Joint Venture and MF1.8 ‘Novation and Guarantee Agreement’ should be used.

MF 1.9 – Novation Agreement  (PW-CF1 to PW-CF5 inclusive) – 20/06/11rev

This is a model of the form to be used with Public Works Contracts (PW-CF1 to PW-CF5 inclusive) when the Contractor is appointed as Project Supervisor for the Construction Stage (PSCS) (where the contract is PW-CF1, PW-CF3, PW-CF5) or, as Project Supervisor for the Design Process (PSDP) or as PSDP and PSCS (where the contract to be used is PW-CF2 or PW-CF4). It is also used when a Contractor’s nominee is appointed as PSDP.

MF 1.10 – Appointment of Project Supervisor (PW-CF1 to PW-CF5 inclusive) – 09/04/20

This is a model of the form used with Public Works Contracts (PW-CF1 to PW-CF5 inclusive) 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.

MF 1.11 – Professional Indemnity Insurance Certificate (PW-CF1 to PW-CF5 inclusive) – 09/04/20

This is the model of the form of collateral warranty used with Public Works Contracts (PW-CF1 to PW-CF5 inclusive) 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.

MF 1.12 – Collateral Warranty (PW-CF1 to PW-CF5 inclusive) – 14/10/24

This is a model of the certificate used with Public Works Contracts (PW-CF1 to PW-CF5 inclusive) to certify that the Contractor is compliant with the Industrial Relations Acts 1946 to 2015 and all other relevant legislative requirements.

MF 1.13 – Rates of Pay and Conditions of Employment Certificate (PW-CF1 to PW-CF5 inclusive) – 09/04/20

This is the model of the form of bond used with Public Works Contracts (PW-CF1 to PW-CF5) inclusive) which 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.

MF 1.14 – Bond – Unfixed Works Items (PW-CF1 to PW-CF5 inclusive) – 09/04/20

This is the model of the form of retention bond used with the Public Works Contracts (PW-CF1 to PW-CF5 inclusive) which the Contractor must give the Employer in return for payment that would otherwise be retained until the end of the Defects Period.

MF 1.15 – Retention Bond (PW-CF1 to PW-CF5 inclusive) – 09/04/20

This is the model of the form used with the Public Works Contracts (PW-CF1 to PW-CF5 inclusive) to appoint the conciliator who is engaged to assist in the resolution of any dispute between the Employer and the Contractor.

MF 1.16 – Appointment of Conciliator (PW-CF1 to PW-CF5 inclusive) – 21/03/16

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 for use with Public Works Contracts (PW-CF1 to PW-CF5 inclusive). 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.

MF 1.17 – Bond Conciliators Recommendation (PW-CF1 to PW-CF5 inclusive) – 09/12/19

This is the model form of appointment for use with Public Works Contracts (PW-CF1 to PW-CF5 inclusive) to appoint a Standing Conciliator.

MF 1.18 – Appointment of Standing Conciliator (PW-CF1 to PW-CF5 inclusive) – 28/06/18

This is the model form of the bond for use with the NN sub-contract where a bond is required from a Reserved Specialist.

MF 1.19 – Reserved Specialist Performance Bond (NN sub-contract) – 09/12/19

This is the form of notification to named Specialists of amounts included in the Main contract Payment Certificate for named Specialist work.

MF 1.20 – Notification to named Specialists of amounts included in Main Contract Payment Certificate for named Specialist works (PW-CF1 to PW-CF5 inclusive) – 07/01/22 

This is the model form of the performance bond to be used with Public Works Contract PW-CF6 [where a Performance Bond is required].

MF 1.21 – Performance Bond (PW-CF6) – 18/11/24

This is the model form of the appointment of the Contractor as Project Supervisor for the Construction Stage (PSCS) to be used with Public Works Contract PW-CF6.

MF 1.22 – Appointment of Project Supervisor (PW-CF6) – 09/04/20

This is the model form of the certificate to be used with Public Works Contract PW-CF6 to certify that the Contractor is compliant with the Industrial Relations Acts 1946 to 2015 and all other relevant legislative requirements.

MF 1.23 – Rates of Pay and Conditions of Employment Certificate (PW-CF6) – 09/04/20

This is the model form of the performance bond to be used with Public Works Contract PW-CF7 [where a Performance Bond is required].

MF 1.24 – Performance Bond (PW-CF7) – 09/04/20 

This is the form of notification to named Specialists of amounts included in the Main contract Payment Certificate for named Specialist work.

MF 1.25 – Appointment of Project Supervisor (PW-CF7 and PW-CF8) – 09/04/20

This is the model form of the certificate to certify that the Contractor is compliant with the Industrial Relations Acts 1946 to 2015 and all other relevant legislative requirements to be used with Public Works Contracts PW-CF7 and PW-CF8.

MF 1.26 – Rates of Pay and Conditions of Employment Certificate (PW-CF7 and PW-CF8) – 09/04/20

This is the form of notification to named Specialists of amounts included in the Main contract Payment Certificate for named Specialist work.

MF 1.27 – Appointment of Project Supervisor (PW-CF11) – 09/04/20

This is a model form of the certificate to certify that the Contractor is compliant with the Industrial Relations Acts 1946 to 2015 and all other relevant legislative requirements to be used with Public Works Contract PW-CF11.

MF 1.28 – Rates of Pay and Conditions of Employment Certificate (PW-CF11) – 09/04/20

MF 1.29  (PWC) Letter to Contractor/Specialist re Temporary PI Insurance Arrangements – 17/02/22 

MF 1.30 (Reliance Warranty) – 18/07/22

This is the template Site Closure Cost Supplement for use with the Covid-19 Mandatory Closure clause.

MF 1.31 – Site Closure Cost Supplement – 29/07/21

This is the template Declaration re Regulation 57

MF 1.32 – Declaration re Regulation 57 – 28/07/23

This is the template Declaration that an oath is still valid

MF 1.33 – Declaration Oath still Valid – 28/07/23