Construction Subcontractor Agreement for Ireland

Construction Subcontractor Agreement Template for Ireland

A comprehensive legal agreement governed by Irish law that establishes the contractual relationship between a main contractor and a subcontractor in construction projects. The agreement details the scope of works, payment terms (compliant with the Construction Contracts Act 2013), performance standards, safety requirements, and risk allocation. It includes provisions for project timeline, quality control, variations, dispute resolution, and insurance requirements, while ensuring compliance with Irish construction regulations and health and safety legislation.

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What is a Construction Subcontractor Agreement?

The Construction Subcontractor Agreement is a vital document used in Irish construction projects when a main contractor needs to engage specialized subcontractors for specific aspects of a construction project. This agreement is designed to comply with Irish legislation, particularly the Construction Contracts Act 2013, Safety, Health and Welfare at Work Act 2005, and relevant building regulations. It establishes clear contractual relationships, defines scope of works, payment mechanisms, and performance standards while allocating risks and responsibilities appropriately. The document is essential for projects of all sizes and includes specific provisions for safety compliance, quality control, and dispute resolution mechanisms including statutory adjudication. It should be customized based on project specifics while maintaining compliance with Irish construction law requirements.

What sections should be included in a Construction Subcontractor Agreement?

1. Parties: Identification of the Main Contractor and Subcontractor, including company details and registration numbers

2. Background: Context of the main construction project and the relationship between the parties

3. Definitions and Interpretation: Key terms used in the agreement and rules for interpreting the contract

4. Scope of Works: Detailed description of the subcontractor's obligations and works to be performed

5. Contract Sum and Payment: Payment terms, including payment mechanisms compliant with the Construction Contracts Act 2013

6. Programme and Time for Completion: Project timeline, milestones, and completion requirements

7. Main Contractor's Obligations: Main contractor's duties, including site access and information provision

8. Subcontractor's Obligations: General and specific obligations of the subcontractor

9. Health and Safety: Safety requirements and compliance with Irish H&S legislation

10. Quality and Inspection: Quality standards, inspection procedures, and acceptance criteria

11. Variations: Procedures for handling changes to the scope of works

12. Insurance and Liability: Required insurance coverage and liability provisions

13. Suspension and Termination: Rights and procedures for suspending or terminating the agreement

14. Dispute Resolution: Procedures for resolving disputes, including statutory adjudication

15. General Provisions: Standard contract clauses including notices, governing law, and entire agreement

What sections are optional to include in a Construction Subcontractor Agreement?

1. Performance Security: Requirements for bonds or guarantees - include when project value exceeds certain thresholds

2. Design Responsibilities: Include when subcontractor has design obligations

3. Materials and Plant: Include when subcontractor is responsible for significant material or plant provision

4. Building Information Modeling (BIM): Include when project involves BIM requirements

5. Environmental Requirements: Include for projects with specific environmental implications

6. Intellectual Property: Include when subcontractor's work involves design or innovative methods

7. Collateral Warranties: Include when required by employers or funders

8. Local Authority Requirements: Include when work involves specific local authority compliance

9. Retention of Title: Include when significant materials are supplied by subcontractor

What schedules should be included in a Construction Subcontractor Agreement?

1. Schedule 1 - Scope of Works: Detailed technical specification of the works

2. Schedule 2 - Contract Sum Breakdown: Detailed pricing and payment schedule

3. Schedule 3 - Programme: Detailed timeline and milestone dates

4. Schedule 4 - Site Information: Site-specific details and requirements

5. Schedule 5 - Insurance Requirements: Detailed insurance specifications and minimum coverage

6. Schedule 6 - Forms and Certificates: Required forms for payment, completion, and compliance

7. Schedule 7 - Key Personnel: List of key personnel and their responsibilities

8. Schedule 8 - Main Contract Extracts: Relevant provisions from the main construction contract

9. Appendix 1 - Health and Safety Requirements: Detailed safety procedures and requirements

10. Appendix 2 - Quality Assurance Requirements: Quality control procedures and standards

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

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Construction

Real Estate

Infrastructure

Commercial Development

Residential Development

Industrial Construction

Civil Engineering

Energy

Healthcare Construction

Education Construction

Retail Development

Hospitality Construction

Relevant Teams

Legal

Operations

Commercial

Procurement

Construction

Project Management

Risk Management

Health and Safety

Technical

Finance

Compliance

Contract Administration

Relevant Roles

Construction Manager

Project Manager

Commercial Director

Contracts Manager

Quantity Surveyor

Site Manager

Procurement Manager

Legal Counsel

Construction Director

Operations Manager

Risk Manager

Health and Safety Manager

Technical Director

Project Engineer

Chief Operating Officer

Commercial Manager

Industries
Construction Contracts Act 2013: Regulates payment practices in construction contracts and provides statutory payment protections including adjudication rights
Safety, Health and Welfare at Work Act 2005: Primary legislation governing workplace safety, particularly relevant for construction sites and contractor obligations
Safety, Health and Welfare at Work (Construction) Regulations 2013: Specific regulations for construction work, including site safety, worker protection, and project supervision requirements
Building Control Act 1990-2014: Governs building standards, certificates of compliance, and construction quality requirements
Building Control Regulations 2014: Details technical requirements for construction works and certification procedures
Registration of Employment Agreements Act 2012: Relevant for employment terms and conditions in the construction sector
Protected Disclosures Act 2014: Provides whistleblower protection for workers reporting safety or regulatory violations
Organisation of Working Time Act 1997: Regulates working hours, breaks, and leave entitlements for workers including subcontractors
Construction Industry Register Ireland (CIRI): While voluntary, sets important standards for construction contractors and should be considered in agreements
Environmental Protection Agency Act 1992: Relevant for environmental compliance and waste management requirements in construction
Civil Liability Act 1961: Governs liability and negligence issues that may arise in construction projects
Companies Act 2014: Relevant for corporate governance and business relationship aspects of the contract
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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