The New Construction Agreement is a vital legal document used in Ireland for establishing the contractual framework between an employer (property owner) and a contractor for new building projects. It is designed to comply with Irish construction law, including the Building Control Act 2007, the Construction Contracts Act 2013, and related regulations. This agreement is essential when undertaking any new construction project, whether commercial, residential, or industrial, and includes comprehensive provisions for project scope, payment terms, completion timelines, quality standards, and risk allocation. The document incorporates mandatory requirements for building control, safety regulations, and environmental standards specific to the Irish construction industry, while providing flexibility to accommodate project-specific requirements and conditions.
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1. Parties: Identifies and defines the Employer and the Contractor, including full legal names and addresses
2. Background: Sets out the context of the agreement, including the project overview and the parties' intentions
3. Definitions: Defines all key terms used throughout the agreement
4. Scope of Works: Detailed description of the construction works to be carried out
5. Contract Sum and Payment: Specifies the contract price, payment schedule, and payment procedures in compliance with the Construction Contracts Act 2013
6. Time for Completion: Specifies the commencement date, completion date, and provisions for extensions of time
7. Contractor Obligations: Details the Contractor's responsibilities, including compliance with building regulations and safety standards
8. Employer Obligations: Outlines the Employer's responsibilities, including site access and provision of necessary information
9. Design Responsibilities: Allocates design responsibilities between the parties and specifies design requirements
10. Quality and Standards: Specifies required quality standards and compliance with Building Regulations
11. Insurance and Indemnity: Details required insurance coverage and indemnification obligations
12. Variations: Procedures for handling changes to the scope of works
13. Defects Liability: Provisions for dealing with defects during and after construction
14. Termination: Grounds and procedures for contract termination
15. Dispute Resolution: Procedures for resolving disputes between parties
16. Governing Law: Confirms Irish law as governing law and jurisdiction
1. Performance Bond: Required when a performance bond is to be provided by the Contractor
2. Retention: Included when retention money is to be held as security for performance
3. Sectional Completion: Used when the works are to be completed in defined sections
4. Nominated Subcontractors: Required when the Employer wishes to nominate specific subcontractors
5. Archaeological Findings: Included for projects on sites with potential archaeological significance
6. Environmental Requirements: Added when specific environmental obligations need to be addressed
7. Local Authority Requirements: Included when specific local authority conditions need to be incorporated
8. Collateral Warranties: Required when third-party rights need to be established
1. Schedule 1 - Contract Documents: List of all documents forming part of the contract
2. Schedule 2 - Works Specifications: Detailed technical specifications for the works
3. Schedule 3 - Construction Programme: Detailed timeline and milestones for the works
4. Schedule 4 - Site Information: Details about the construction site, including surveys and reports
5. Schedule 5 - Payment Schedule: Detailed breakdown of payment amounts and dates
6. Schedule 6 - Insurance Requirements: Specific insurance requirements and minimum coverage levels
7. Schedule 7 - Forms of Certificates: Template certificates for practical completion and making good defects
8. Appendix A - Drawings: Complete set of construction drawings
9. Appendix B - Bills of Quantities: Detailed quantification of materials and works
10. Appendix C - Planning Permission: Copy of planning permission and associated conditions
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