The Subcontract Agreement For Construction Work is a crucial document used in the Irish construction industry when a main contractor needs to delegate specific portions of construction work to specialized subcontractors. This agreement is essential for projects where specialized skills, expertise, or resources are required that the main contractor doesn't directly provide. The document ensures compliance with Irish construction law, including the Construction Contracts Act 2013, building regulations, and health and safety requirements. It outlines payment terms, work specifications, quality standards, and project timelines, while establishing clear lines of responsibility and risk allocation. The agreement is particularly important in protecting both parties' interests and ensuring smooth project execution within the Irish legal framework.
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1. Parties: Identification of the Contractor and Subcontractor, including company details and registered addresses
2. Background: Context of the agreement, reference to the main contract, and project overview
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Scope of Works: Detailed description of the subcontract works, including specifications and standards
5. Main Contract Flow-Down: Provisions incorporating relevant main contract terms and establishing hierarchy of documents
6. Subcontractor Obligations: Key responsibilities including workmanship, materials, compliance with laws and regulations
7. Contractor Obligations: Responsibilities of the contractor including site access, information provision, and coordination
8. Programme and Progress: Time-related obligations, project schedule, and delay provisions
9. Payment Terms: Payment mechanisms, valuation procedures, and payment timeline compliant with Construction Contracts Act
10. Health and Safety: Safety obligations, compliance with regulations, and site safety requirements
11. Insurance and Liability: Required insurance coverage, indemnities, and liability provisions
12. Quality Assurance: Quality standards, inspection requirements, and defects rectification
13. Variations: Procedures for changes to the works and price adjustment mechanisms
14. Termination: Grounds and procedures for termination and consequences
15. Dispute Resolution: Procedures for resolving disputes, including adjudication per Construction Contracts Act
1. Performance Security: Requirements for bonds or guarantees, used for high-value or high-risk works
2. Environmental Requirements: Specific environmental obligations, used for projects with significant environmental impact
3. Design Responsibility: Design obligations and professional indemnity requirements, used when subcontractor has design duties
4. Materials Storage: Specific requirements for materials storage and handling, used for projects with significant materials storage needs
5. Building Information Modelling: BIM obligations and protocols, used for projects requiring BIM implementation
6. Intellectual Property: IP rights and licenses, used when subcontractor creates designs or other IP
7. Confidentiality: Confidentiality obligations, used for projects involving sensitive information
8. Apprenticeship Requirements: Provisions for employing apprentices, used for public projects or when required by main contract
1. Schedule 1 - Scope of Works: Detailed technical specification of the subcontract works
2. Schedule 2 - Contract Price and Payment Terms: Detailed breakdown of prices, rates, and payment procedures
3. Schedule 3 - Programme: Detailed construction programme and key milestone dates
4. Schedule 4 - Site Information: Site-specific information, conditions and requirements
5. Schedule 5 - Required Insurance: Detailed insurance requirements and minimum coverage levels
6. Schedule 6 - Forms and Certificates: Standard forms for applications, certificates, and notices
7. Schedule 7 - Key Personnel: List of key personnel and their roles/responsibilities
8. Schedule 8 - Equipment and Facilities: Lists of contractor-supplied and subcontractor-supplied equipment
9. Appendix 1 - Main Contract Extracts: Relevant excerpts from the main contract
10. Appendix 2 - Health and Safety Requirements: Detailed health and safety procedures and requirements
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