Builder Buyer Agreement for Ireland

Builder Buyer Agreement Template for Ireland

A Builder Buyer Agreement under Irish law is a comprehensive legal contract that establishes the terms and conditions between a construction company (builder) and the party commissioning the construction work (buyer). This document, governed by Irish construction and contract law, outlines the scope of work, payment terms, quality standards, completion timelines, and warranty provisions. It incorporates requirements from Irish building regulations and construction legislation, including the Building Control Act 2007 and Construction Contracts Act 2013, ensuring compliance with local building standards and consumer protection measures.

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What is a Builder Buyer Agreement?

The Builder Buyer Agreement is a fundamental contract used in the Irish construction industry to establish a legally binding relationship between construction companies and their clients. This document is essential when undertaking any significant construction project in Ireland, whether residential or commercial. It incorporates crucial elements required by Irish construction law, including compliance with the Building Control Act 2007, Construction Contracts Act 2013, and relevant building regulations. The agreement typically covers detailed specifications, payment schedules, quality standards, completion timelines, and warranty provisions. It serves as a comprehensive framework for managing the construction process, protecting both parties' interests, and ensuring regulatory compliance. The document is particularly important given Ireland's strict building control regime and the need for clear contractual frameworks in construction projects.

What sections should be included in a Builder Buyer Agreement?

1. Parties: Identification and details of the Builder and the Buyer, including registration numbers, addresses, and legal status

2. Background: Context of the agreement, including property details and general purpose of the construction project

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

4. Project Scope: Detailed description of the construction work to be undertaken, including reference to plans and specifications

5. Builder's Obligations: Comprehensive list of the builder's responsibilities, including compliance with building regulations and standards

6. Buyer's Obligations: Buyer's responsibilities including access, payments, and cooperation requirements

7. Price and Payment Terms: Contract price, payment schedule, and mechanisms for handling variations

8. Timeframe and Completion: Project timeline, completion dates, and provisions for extensions of time

9. Quality and Standards: Required building standards, quality specifications, and compliance requirements

10. Variations: Process for requesting, approving, and implementing changes to the original scope

11. Inspections and Certification: Requirements for inspections, sign-offs, and compliance certificates

12. Warranties and Defects: Warranty terms, defects liability period, and remediation processes

13. Insurance and Indemnity: Required insurance coverage and indemnification provisions

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

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

16. General Provisions: Standard legal provisions including notices, governing law, and entire agreement

What sections are optional to include in a Builder Buyer Agreement?

1. Staged Completion: Used for projects with multiple completion stages or milestone deliveries

2. Environmental Requirements: Specific environmental obligations or green building requirements

3. Planning Permissions: Detailed section on planning requirements when the builder is responsible for obtaining permissions

4. Multiple Units: Additional provisions for projects involving multiple housing units

5. Financing Arrangements: Special provisions when project financing is tied to construction milestones

6. Site Security: Additional security requirements for high-value or sensitive locations

7. Utilities and Services: Specific provisions for connection and installation of utilities

8. Assignment and Subcontracting: Detailed provisions when subcontracting is anticipated or restricted

What schedules should be included in a Builder Buyer Agreement?

1. Schedule 1 - Construction Plans and Specifications: Detailed architectural plans, engineering drawings, and technical specifications

2. Schedule 2 - Payment Schedule: Detailed breakdown of payment stages and amounts

3. Schedule 3 - Project Timeline: Detailed project schedule including key milestones and completion dates

4. Schedule 4 - Materials Specifications: Detailed list of approved materials and their specifications

5. Schedule 5 - Warranties and Certificates: Forms of warranties and certificates to be provided

6. Schedule 6 - Insurance Requirements: Detailed insurance specifications and coverage requirements

7. Appendix A - Site Plan: Detailed plan of the construction site and boundaries

8. Appendix B - Finishes Schedule: Detailed specifications for all finishes and fixtures

9. Appendix C - Variation Order Template: Standard form for requesting and approving variations

Authors

Alex Denne

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

Jurisdiction

Ireland

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Construction

Real Estate

Residential Development

Commercial Property

Infrastructure

Urban Development

Property Development

Building Materials

Architecture

Construction Engineering

Relevant Teams

Legal

Construction

Operations

Commercial

Compliance

Risk Management

Property Development

Project Management

Quality Assurance

Contract Administration

Relevant Roles

Construction Manager

Project Manager

Contract Manager

Legal Counsel

Architect

Quantity Surveyor

Building Control Officer

Site Manager

Commercial Director

Operations Director

Risk Manager

Compliance Officer

Construction Director

Property Developer

Real Estate Manager

Building Inspector

Industries
Building Control Act 2007: Primary legislation governing building control in Ireland, establishing requirements for building standards, certificates of compliance, and enforcement mechanisms
Construction Contracts Act 2013: Regulates payment practices in construction contracts and provides statutory protection for contractors and subcontractors, including mandatory payment provisions
Sale of Goods and Supply of Services Act 1980: Establishes consumer rights and protections regarding goods and services, including quality standards and implied terms in contracts
Building Regulations 2017: Technical guidance documents setting out minimum requirements for construction, including structural safety, fire safety, and energy efficiency
Housing (Regulation of Approved Housing Bodies) Act 2019: Relevant for residential construction projects, establishing regulatory framework for housing providers
Consumer Protection Act 2007: Provides protection against unfair commercial practices and establishes consumer rights in contractual relationships
Multi-Unit Developments Act 2011: Relevant if the construction involves multi-unit developments, establishing requirements for common areas and management
Building Control (Amendment) Regulations 2014: Requires mandatory certificates of compliance for design and construction, including the assignment of certifiers
Safety, Health and Welfare at Work (Construction) Regulations 2013: Sets out safety requirements for construction sites and responsibilities of various parties involved in construction
European Union (Energy Performance of Buildings) Regulations 2019: Implements EU requirements for energy performance in buildings, affecting construction standards and specifications
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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