The Construction Consulting Agreement serves as a vital legal framework for construction consultancy services in Ireland. It is specifically designed for situations where specialized construction expertise is required for project planning, execution, or oversight. The document incorporates essential elements required by Irish law, including compliance with the Construction Contracts Act 2013, Building Control Regulations, and professional registration requirements. This agreement is particularly crucial for ensuring clear delineation of responsibilities, establishing professional service standards, and protecting both parties' interests through well-defined scope, payment terms, and liability provisions. It includes specific references to Irish construction industry standards and regulatory requirements, making it suitable for various construction projects while maintaining compliance with local jurisdiction requirements.
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1. Parties: Identification of the Client and Consultant, including registered addresses and company details
2. Background: Context of the agreement, project overview, and purpose of engaging the consultant
3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation
4. Appointment and Scope of Services: Formal appointment and detailed description of consulting services to be provided
5. Consultant's Obligations: Core responsibilities, professional standards, and compliance requirements
6. Client's Obligations: Client's responsibilities, including provision of information and access
7. Project Timeline: Duration, key milestones, and delivery dates
8. Fees and Payment Terms: Compensation structure, payment schedule, and invoicing requirements in line with Construction Contracts Act
9. Professional Indemnity Insurance: Insurance requirements and maintenance of coverage
10. Intellectual Property Rights: Ownership and usage rights of project documents and designs
11. Confidentiality: Protection of sensitive information and project data
12. Termination: Grounds for termination and consequences
13. Liability and Indemnification: Limitation of liability and indemnification provisions
14. Dispute Resolution: Process for resolving disputes, including statutory adjudication
15. General Provisions: Standard boilerplate clauses including notices, entire agreement, and governing law
1. Sub-Consultants: Include when the consultant may need to engage sub-consultants, specifying approval processes and responsibilities
2. Building Information Modeling (BIM): Include when BIM is required for the project, specifying protocols and responsibilities
3. Environmental Compliance: Include for projects with specific environmental requirements or certifications
4. Health and Safety Specific Provisions: Include detailed health and safety provisions for high-risk projects
5. Performance Bonds: Include when additional security for performance is required
6. Force Majeure: Include detailed force majeure provisions for long-term or high-risk projects
7. Step-in Rights: Include for critical projects where client may need to take over consultant's role
8. Data Protection: Include detailed GDPR compliance provisions when processing significant personal data
1. Schedule 1 - Scope of Services: Detailed breakdown of consulting services, deliverables, and methodologies
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3 - Project Programme: Detailed timeline, milestones, and delivery dates
4. Schedule 4 - Key Personnel: List of key team members and their roles/responsibilities
5. Schedule 5 - Client's Requirements: Detailed technical and operational requirements provided by the client
6. Schedule 6 - Insurance Requirements: Specific insurance types and coverage levels required
7. Schedule 7 - Form of Collateral Warranty: Template for collateral warranties if required for third parties
8. Appendix A - Project Specific Standards: List of applicable technical standards and regulations
9. Appendix B - Required Certifications: Forms and certificates required during the project
10. Appendix C - Communication Protocols: Procedures for project communications and reporting
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