Construction works
Civil engineering procedure, 7th edition, published by the Institution of Civil Engineers (ICE), defines 'the works' as:
What a contractor has undertaken to provide or do for a promoter (client) - consisting of the work to be carried out, goods, materials and services to be supplied, and the liabilities, obligations and risks to be taken by that contractor. It may not be all of the project, depending on what is specified in a contract. |
The CDM regulations suggest that 'construction works' means '...the carrying out of any building, civil engineering or engineering construction work and includes:
- The construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure, or the use of corrosive or toxic substances), de-commissioning, demolition or dismantling of a structure.
- The preparation for an intended structure, including site clearance, exploration, investigation (but not site survey) and excavation (but not pre-construction archaeological investigations), and the clearance or preparation of the site or structure for use or occupation at its conclusion.
- The assembly on site of prefabricated elements to form a structure or the disassembly on site of the prefabricated elements which, immediately before such disassembly, formed a structure.
- The removal of a structure, or of any product or waste resulting from demolition or dismantling of a structure, or from disassembly of prefabricated elements which immediately before such disassembly formed such a structure.
- The installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunications, computer or similar services which are normally fixed within or to a structure.
But does not include the exploration for, or extraction of, mineral resources, or preparatory activities carried out at a place where such exploration or extraction is carried out.'
The Building Regulations suggest that the word 'building' refers to:
...any permanent or temporary building but not any other kind of structure or erection, and a reference to a building includes a reference to part of a building. |
And so the specific term 'building work' means:
- The erection or extension of a building.
- The provision or extension of a controlled service or fitting in or in connection with a building.
- The material alteration of a building, or a controlled service or fitting.
- Work required by regulation 6 (requirements relating to material change of use).
- The insertion of insulating material into the cavity wall of a building.
- Work involving the underpinning of a building.
- Work required by regulation 22 (requirements relating to a change of energy status).
- Work required by regulation 23 (requirements relating to thermal elements).
- Work required by regulation 28 (consequential improvements to energy performance).
The Town and Country Planning Act 1990 considers that 'building operations' includes:
- Demolition of buildings.
- Rebuilding.
- Structural alterations of or additions to buildings.
- Other operations normally undertaken by a person carrying on business as a builder.
The EU defines works as the outcome of building or civil engineering works taken as a whole which is sufficient in itself to fulfil an economic or technical function. In other words this is the construction of a built asset such as a road, an office block or school. Ref Guidance for public sector contracting authorities on the procurement of construction works, published by the Scottish Procurement and Property Directorate on 21 Dec 2018.
The UN Procurement Practitioner's Handbook, produced by the Interagency Procurement Working Group (IAPWG) in 2006 and updated in 2012 defines works as: ‘ All activities associated with the construction, reconstruction, demolition, repair or renovation of a building, structure or activities such as site preparation, excavation, erection, building, installation of equipment or materials, decoration and finishing, as well as services incidental to construction such as drilling, mapping, satellite photography, seismic investigations and similar services provided pursuant to the procurement contract, if the value of those services does not exceed that of the works themselves.’
OECD Survey on Public Procurement, Glossary of key terms, published by the Organisation for Economic Co-operation and Development (OECD) in 2016, defines construction works as: ‘all work associated with the construction, reconstruction, demolition, repair or renovation of a building, structure or works, such as site preparation, excavation, erection, building, installation of equipment or materials, decoration and finishing, as well as services incidental to construction such as drilling, mapping, satellite photography, seismic investigations and similar services provided pursuant to the procurement contract, if the value of those services does not exceed that of the construction itself.’
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