The Deed Of Variation (Construction) is essential in the Irish construction industry when parties need to formally modify an existing construction contract. It is commonly used when project specifications change, timelines need adjustment, or costs require revision. The document must comply with Irish legislation, including the Construction Contracts Act 2013, Building Control Act 2007, and relevant property laws. It typically includes details of the original contract, specific variations agreed upon, impact on project timeline and costs, and any necessary adjustments to related provisions such as bonds or insurances. This deed ensures that all changes are properly documented, legally binding, and maintain the integrity of the construction project while protecting all parties' interests.
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1. Parties: Identifies all parties to the deed of variation, including the original contracting parties and any new parties
2. Background/Recitals: Sets out details of the original contract, reason for variation, and confirms parties' intention to vary the contract
3. Definitions and Interpretation: Defines key terms used in the deed and explains how the document should be interpreted
4. Original Contract: Identifies and references the original contract being varied, including its date and parties
5. Effective Date: Specifies when the variations take effect
6. Variations: Details all specific changes to the original contract, clearly stating old and new provisions
7. Effect on Original Contract: Confirms which original contract terms remain in force and which are superseded
8. Costs: Addresses responsibility for costs arising from the variations
9. Confirmation: Affirms that all other terms of the original contract remain unchanged
10. Governing Law: Confirms Irish law governs the deed of variation
11. Execution: Formal execution blocks for signing as a deed under Irish law
1. Additional Parties: Required when new parties are being added to the contract through the variation
2. Time Extensions: Used when the variation affects project completion dates or milestone deadlines
3. Price Adjustment Mechanism: Included when the variation requires complex price adjustments or new pricing formulas
4. Additional Securities: Required when variations necessitate new or modified performance bonds or guarantees
5. Dispute Resolution Amendments: Used when varying the dispute resolution procedures
6. Insurance Provisions: Required when variations affect insurance requirements or responsibilities
7. Step-in Rights: Included when varying or adding provisions for lender or employer step-in rights
8. Transitional Provisions: Used when variations require complex implementation phases
1. Schedule 1 - Original Contract: Copy or summary of the original contract being varied
2. Schedule 2 - Varied Works Specification: Detailed description of modified works or specifications
3. Schedule 3 - Revised Program: Updated construction program reflecting the variations
4. Schedule 4 - Price Adjustments: Detailed breakdown of cost implications and pricing changes
5. Schedule 5 - Modified Drawings: Updated technical drawings reflecting the variations
6. Schedule 6 - Consents and Approvals: Copies of any required third-party consents or regulatory approvals
7. Appendix A - Meeting Minutes: Records of meetings where variations were agreed
8. Appendix B - Variation Instructions: Copies of formal variation instructions or change orders
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