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Builder Development Agreement

Builder Development Agreement Template for Ireland

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Key Requirements PROMPT example:

Builder Development Agreement

"I need a Builder Development Agreement for a large-scale residential project in Dublin comprising 150 apartments across three blocks, with specific provisions for phased completion and sustainability requirements to meet near-zero energy building standards."

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Document background
The Builder Development Agreement is a critical contract used in the Irish construction industry when a developer engages a builder to undertake construction works. This document is essential for projects ranging from commercial developments to residential schemes, providing a comprehensive framework that governs the entire construction process. It operates within the Irish legal system, incorporating requirements from the Building Control Acts, Planning and Development Acts, and Construction Contracts Act 2013. The agreement typically includes detailed specifications, timelines, payment mechanisms, and quality standards, while addressing risk allocation and compliance with Irish building regulations. It's particularly important for ensuring clear understanding between parties, managing project risks, and establishing enforceable obligations and remedies.
Suggested Sections

1. Parties: Identification of the developer/employer and the builder/contractor, including full legal names and addresses

2. Background: Context of the development, including site details, project overview, and purpose of the agreement

3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules of interpretation

4. Project Scope: Detailed description of the works to be carried out, including general obligations of the builder

5. Contract Price and Payment Terms: Agreement on costs, payment schedule, variations, and payment mechanisms

6. Commencement and Completion: Project timeline, completion dates, and provisions for extensions of time

7. Builder's Obligations: Specific duties and responsibilities of the builder, including quality standards and compliance requirements

8. Developer's Obligations: Responsibilities of the developer, including site access, permits, and information provision

9. Construction Program: Detailed timeline of works, milestones, and progress reporting requirements

10. Variations: Process for handling changes to the scope of works and associated cost implications

11. Quality and Inspection: Quality standards, inspection procedures, and acceptance criteria

12. Insurance and Liability: Required insurance coverage and allocation of risks between parties

13. Defects and Warranties: Defect liability period, remediation process, and warranty provisions

14. Termination: Circumstances and procedures for contract termination by either party

15. Dispute Resolution: Procedures for handling disputes, including mediation and arbitration provisions

16. General Provisions: Standard legal clauses including notices, assignment, and governing law

Optional Sections

1. Environmental Provisions: Special environmental requirements and protections, used when development has significant environmental impact

2. Heritage Protection: Specific provisions for developments involving protected structures or conservation areas

3. Phasing Provisions: Details of phase-by-phase completion and handover, used for larger developments with multiple stages

4. Third Party Rights: Provisions regarding neighboring properties and third-party interests, used when development impacts adjacent properties

5. Funding Requirements: Special provisions related to external funding or specific investor requirements

6. Planning Conditions: Specific obligations arising from planning permission conditions

7. Community Engagement: Requirements for community consultation and engagement, often needed for larger developments

8. Utilities and Infrastructure: Special provisions for utility connections and infrastructure works, when significant utility works are required

Suggested Schedules

1. Schedule 1 - The Property: Detailed description of the development site, including plans and title information

2. Schedule 2 - Works Specification: Detailed technical specifications for the construction works

3. Schedule 3 - Construction Program: Detailed timeline and methodology for the works

4. Schedule 4 - Planning Permissions: Copies of planning permissions and associated conditions

5. Schedule 5 - Price and Payment Schedule: Detailed breakdown of costs and payment milestones

6. Schedule 6 - Insurance Requirements: Specific insurance requirements and minimum coverage levels

7. Schedule 7 - Performance Specifications: Performance criteria and standards for the completed works

8. Schedule 8 - Forms of Certificates: Template certificates for practical completion and other key milestones

9. Appendix A - Site Plans and Drawings: Architectural and engineering drawings for the development

10. Appendix B - Materials Specification: Detailed specifications for construction materials

11. Appendix C - Quality Control Procedures: Specific quality control and testing requirements

12. Appendix D - Health and Safety Requirements: Detailed health and safety procedures and requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions
























































Clauses







































Relevant Industries

Construction

Real Estate Development

Commercial Property

Residential Property

Infrastructure Development

Urban Planning

Architecture

Engineering

Property Investment

Construction Materials

Relevant Teams

Legal

Construction

Development

Commercial

Operations

Property

Procurement

Technical

Planning

Risk Management

Project Management

Contract Administration

Relevant Roles

Construction Manager

Project Director

Development Manager

Commercial Director

Contract Manager

Legal Counsel

Chief Operating Officer

Project Manager

Site Manager

Quantity Surveyor

Construction Director

Property Developer

Procurement Manager

Risk Manager

Technical Director

Planning Consultant

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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