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1. Parties: Identification of all parties to the agreement, including full legal names and addresses
2. Background: Recitals explaining the context of the original construction contract, nature of the dispute, and circumstances leading to settlement
3. Definitions: Definitions of key terms used throughout the agreement
4. Settlement Sum: Details of the settlement amount, payment terms, and payment mechanism
5. Release and Waiver: Mutual releases from claims relating to the disputed matters
6. Confidentiality: Obligations regarding confidentiality of the settlement terms and dispute details
7. Tax: Treatment of tax implications and responsibilities
8. Warranties and Representations: Warranties from each party regarding authority to settle and other key representations
9. Entire Agreement: Confirmation that this agreement represents the entire understanding between parties
10. Governing Law and Jurisdiction: Confirmation of Irish law as governing law and Irish courts' jurisdiction
1. Ongoing Works: Include when there are remaining construction works to be completed post-settlement
2. Insurance: Include when specific insurance arrangements need to be maintained or modified
3. Third Party Rights: Include when settlement affects rights of third parties (e.g., subcontractors)
4. Publicity: Include when specific arrangements for public announcements are needed
5. Dispute Resolution: Include when specific dispute resolution mechanisms for future disputes need to be established
6. Retention Release: Include when dealing with release of retained funds
7. Professional Fees: Include when addressing payment of legal or professional fees related to the dispute
8. Implementation Timeline: Include when settlement involves actions to be taken over a specific timeline
1. Schedule 1 - Original Contract: Copy or details of the original construction contract
2. Schedule 2 - Dispute Summary: Summary of the disputed matters being settled
3. Schedule 3 - Payment Schedule: Detailed breakdown of settlement payments and timeline
4. Schedule 4 - Outstanding Works: List of any remaining works to be completed (if applicable)
5. Schedule 5 - Release Documentation: Forms of release or discharge to be executed
6. Schedule 6 - Relevant Correspondence: Key correspondence or documents referenced in settlement
7. Appendix A - Execution Requirements: Specific requirements for executing the agreement
8. Appendix B - Bank Details: Payment details and banking information for settlement payments
Approved Documents
Building Regulations
Business Day
Certificate of Completion
Claims
Completion Date
Confidential Information
Construction Contract
Construction Works
Contract Documents
Defects
Dispute
Effective Date
Employer
Final Account
Interim Payment
Legal Proceedings
Loss
Main Contractor
Original Contract
Outstanding Works
Parties
Payment Notice
Pay Less Notice
Project
Project Site
Practical Completion
Release Date
Retained Amount
Settlement Sum
Settlement Payment
Snag List
Specifications
Subcontractor
Substantial Completion
Variation
Works
Working Day
Definitions
Settlement Terms
Payment Provisions
Release and Discharge
Confidentiality
Non-Admission of Liability
Warranties and Representations
Tax Indemnity
Insurance
Completion of Works
Defects Liability
Health and Safety
Environmental Compliance
Building Regulations Compliance
Professional Appointments
Third Party Rights
Further Assurance
Costs
VAT
Assignment
Severability
Variation
Notices
Entire Agreement
Waiver
Force Majeure
Governing Law and Jurisdiction
Dispute Resolution
Execution
Commercial Construction
Residential Development
Infrastructure
Industrial Construction
Healthcare Construction
Educational Facilities
Retail Development
Energy and Utilities
Transport Infrastructure
Public Works
Legal
Construction
Commercial
Operations
Finance
Risk Management
Compliance
Project Management
Contract Administration
Business Development
Construction Director
Project Manager
Contract Manager
Legal Counsel
Claims Manager
Commercial Director
Chief Operating Officer
Risk Manager
Quantity Surveyor
Construction Manager
Site Supervisor
Development Director
Finance Director
Compliance Officer
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