Definition of Construction Operations
What is the definition of the term "construction operations"?
The Direction contains a specific definition of the term "construction operations". Basically, it means anything done on a construction site in the Isle of Man in connection with construction work. It refers not only to the construction of new buildings, but also to the demolition of existing ones. Alterations, repairs, fitting and decorating are all included.
The following operations are construction operations for the purpose of the Direction:-
- construction, alteration, repair, extension, demolition or dismantling of buildings or structures whether permanent or not,
- construction, alteration, repair, extension or demolition of any works forming, or to form, part of the land without prejudice to the foregoing walls, roadworks, power-lines, telecommunication apparatus, aircraft runways, docks and harbours, pipe-lines, reservoirs, watermains, wells, sewers, industrial plant and installations for purposes of land drainage, coast protection or defence,
- installation in any building or structure of systems of heating, lighting, air-conditioning, ventilation, power supply, drainage, sanitation, water supply or fire protection,
- internal cleaning of buildings and structures, so far as carried out in the course of their construction, alteration, repair, extension or restoration,
- operations which form an integral part of, or are preparatory to, or are for rendering complete, such operations as are previously described on this page, including site clearance, earth-moving, excavation, tunnelling and boring, laying of foundations, erection of scaffolding, site restoration, landscaping and the provision of roadways and other access works,
- painting or decorating the internal or external surfaces of any building or structure.
Are there any operations which do not fall within the scheme?
Yes, certain operations do not fall within the scheme:-
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drilling for, or extraction of, oil or natural gas,
- extraction whether by underground or surface working of minerals; tunnelling or boring, or construction of underground works, for this purpose,
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manufacture of building or engineering components or equipment, materials, plant or machinery, or delivery of any of these things to site,
- manufacture of components for systems of heating, lighting, air-conditioning, ventilation, power supply, drainage, sanitation, water supply or fire protection, or delivery of any of these things to site,
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the professional work of architects or surveyors, or of consultants in building, engineering, interior or exterior decoration or in the laying-out of landscape,
- the making, installation and repair of artistic works, being sculptures, murals and other works which are wholly artistic in nature;
signwriting and erecting, installing and repairing signboards and advertisements,
- the installation of seating, blinds and shutters,
- the installation of security systems, including burglar alarms, closed circuit television and public address systems.
Also excluded are service facilities such as a canteen, medical centre, site security or temporary office facilities.
What happens with a single contract covering a mixture of jobs?
Where a single contract relates to a mixture of jobs, all payments due under the contract are within the scheme.
This applies even where only one of the operations falls within the included list.