The Sale And Construction Agreement is a specialized legal document used in Ireland when a property transaction includes both the purchase of land or property and the construction of buildings or structures by the seller/contractor. This agreement is particularly relevant for new development projects, custom-built properties, or renovation projects where the property transfer and construction work need to be legally linked. It incorporates requirements from Irish property law, construction regulations, and building standards, making it suitable for both residential and commercial projects. The document typically includes detailed specifications for the construction work, payment schedules, completion timelines, quality standards, and provisions for inspections and certifications. It's designed to protect both parties' interests throughout the entire process, from property transfer to construction completion.
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1. Parties: Identification of the seller/contractor and buyer/employer, including full legal names and addresses
2. Background: Context of the agreement, including property details and general scope of construction work
3. Definitions: Definitions of key terms used throughout the agreement
4. Sale Agreement: Terms relating to the sale of the property/land, including price and transfer conditions
5. Construction Works: Detailed scope of construction works to be performed
6. Contract Price and Payment Terms: Total price, payment schedule, and mechanisms for both property purchase and construction
7. Construction Timeline: Commencement date, completion date, and key milestone dates
8. Contractor Obligations: Responsibilities of the contractor including compliance with regulations and standards
9. Employer Obligations: Responsibilities of the employer including access, permits, and approvals
10. Quality and Standards: Required construction standards, materials quality, and compliance requirements
11. Variations: Process for handling changes to the construction scope or specifications
12. Inspections and Certification: Stages of inspection, testing, and certification requirements
13. Practical Completion: Conditions for practical completion and handover process
14. Defects Liability: Defects liability period and rectification process
15. Insurance and Indemnity: Required insurance coverage and indemnification provisions
16. Termination: Grounds and process for contract termination
17. Dispute Resolution: Procedures for resolving disputes between parties
18. Governing Law: Confirmation of Irish law as governing law and jurisdiction
1. Planning Permission: Required when planning permission is not yet obtained and the agreement needs to address this condition
2. Environmental Compliance: Required for projects with specific environmental considerations or requirements
3. Site Security: Required for construction in sensitive or high-risk areas
4. Utilities and Services: Required when the agreement needs to address connection to or provision of utilities
5. Financing Conditions: Required when the purchase/construction is subject to financing approval
6. Multiple Phase Development: Required for projects delivered in multiple phases
7. Retention Provisions: Required when specific retention amounts are held for quality assurance
8. Third Party Rights: Required when there are rights or obligations affecting third parties
9. Provisional Sums: Required when certain costs cannot be fixed at the time of agreement
1. Property Description: Detailed description of the property including boundaries and title information
2. Construction Specifications: Detailed technical specifications for the construction works
3. Plans and Drawings: Architectural, structural, and other technical drawings
4. Payment Schedule: Detailed breakdown of payment stages and amounts
5. Construction Program: Detailed timeline of construction activities and milestones
6. Bill of Quantities: Itemized list of materials and quantities
7. Planning Documentation: Planning permission and related correspondence
8. Insurance Requirements: Detailed insurance specifications and certificates
9. Form of Certificates: Templates for various certificates required during construction
10. Quality Assurance Requirements: Detailed quality control procedures and standards
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