The Building Contract Agreement is a fundamental document in Irish construction projects, establishing the legal and operational framework for construction works. It is used when an employer (client) wishes to engage a contractor to carry out building works under Irish law and building regulations. The agreement comprehensively covers all aspects of the construction project, including scope, quality standards, timeline, payment terms, and risk allocation. It incorporates requirements from Irish construction legislation, including the Building Control Act, Safety Regulations, and Construction Contracts Act. The document typically includes detailed specifications, drawings, and schedules, making it suitable for both large-scale commercial projects and significant residential developments. This agreement is essential for protecting all parties' interests and ensuring clear understanding of responsibilities throughout the construction process.
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1. Parties: Identification of the Employer (client) and the Contractor, including full legal names and addresses
2. Background: Context of the agreement, including project overview and basis for entering into the contract
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpreting the contract
4. Scope of Works: Detailed description of the construction works to be performed under the contract
5. Contract Sum and Payment Terms: Agreed price, payment schedule, and mechanisms for handling variations
6. Commencement and Completion: Project timeline, start date, completion date, and provisions for extensions of time
7. Contractor Obligations: Key responsibilities of the contractor including quality standards, materials, and workmanship
8. Employer Obligations: Key responsibilities of the employer including site access, permits, and information provision
9. Variations: Procedures for handling changes to the scope of works and their impact on price and timeline
10. Insurance and Indemnity: Insurance requirements and indemnification obligations of both parties
11. Defects Liability: Duration and scope of defects liability period and remediation procedures
12. Health and Safety: Compliance with safety regulations and allocation of health and safety responsibilities
13. Termination: Grounds and procedures for contract termination by either party
14. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration provisions
15. Governing Law: Confirmation of Irish law as governing law and jurisdiction
1. Performance Bond: Required when the employer requires security for contractor performance
2. Parent Company Guarantee: Include when the contractor is a subsidiary and additional security is required
3. Collateral Warranties: Used when third-party rights need to be established for funders, purchasers, or tenants
4. Environmental Compliance: Required for projects with significant environmental impact or specific environmental requirements
5. Planning Conditions: Include when specific planning conditions need to be incorporated into contractual obligations
6. Sectional Completion: Used when the project requires completion in defined phases or sections
7. Liquidated Damages: Include when specific compensation for delay needs to be pre-agreed
8. Material Storage and Security: Required for projects with significant material storage requirements or security concerns
9. Utilities and Services: Include when specific provisions for utilities connection and management are needed
1. Schedule 1 - Contract Documents: List of all documents forming part of the contract including drawings and specifications
2. Schedule 2 - Works Specifications: Detailed technical specifications for the construction works
3. Schedule 3 - Program of Works: Detailed timeline and project milestones
4. Schedule 4 - Payment Schedule: Detailed breakdown of payment stages and amounts
5. Schedule 5 - Site Information: Details about the construction site, access, and any known constraints
6. Schedule 6 - Forms of Certificates: Templates for various certificates including practical completion and payment certificates
7. Schedule 7 - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
8. Schedule 8 - Key Personnel: List of key personnel from both parties with roles and responsibilities
9. Appendix A - Drawings: Complete set of construction drawings
10. Appendix B - Bill of Quantities: Detailed breakdown of quantities and prices
11. Appendix C - Health and Safety File: Safety statements, risk assessments, and safety procedures
Authors
Relevant legal definitions
Clauses
Relevant Industries
Commercial Construction
Residential Construction
Industrial Construction
Infrastructure Development
Real Estate Development
Public Sector Construction
Healthcare Construction
Educational Facilities
Retail Development
Hospitality Construction
Relevant Teams
Legal
Construction
Commercial
Operations
Procurement
Finance
Risk Management
Technical Services
Project Management
Quality Assurance
Health and Safety
Contract Administration
Relevant Roles
Construction Manager
Project Director
Contract Manager
Commercial Director
Legal Counsel
Quantity Surveyor
Project Manager
Construction Director
Risk Manager
Procurement Manager
Chief Executive Officer
Operations Director
Technical Director
Finance Director
Site Manager
Building Control Officer
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