Tri Party Agreement (Construction)

Tri Party Agreement (Construction) Template for Ireland

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Key Requirements PROMPT example:

"I need a Tri Party Agreement (Construction) under Irish law for a large-scale data center development in Dublin, where a international tech company as tenant will be actively involved in the construction process alongside the developer and contractor, with construction scheduled to start in March 2025."

Document background

The Tri Party Agreement (Construction) is a specialized contract used in Irish construction projects where three distinct parties need to establish their legal relationships, rights, and obligations in a single integrated agreement. This type of agreement is particularly relevant when there is project financing involved, or when a third party (such as a project manager or tenant) needs to be formally integrated into the contractual structure. The agreement must comply with Irish construction law, particularly the Construction Contracts Act 2013, Building Control Regulations, and health and safety legislation. It typically includes comprehensive provisions for project execution, payment procedures, risk allocation, and dispute resolution, while ensuring each party's interests are protected and their responsibilities clearly defined. The document is essential for complex construction projects in Ireland where traditional bilateral contracts would not adequately address the three-way relationship between the parties.

Suggested Sections

1. Parties: Identification and details of all three parties to the agreement

2. Background: Context of the agreement, project overview, and relationship between the parties

3. Definitions and Interpretation: Definitions of key terms and interpretation clauses

4. Roles and Responsibilities: Detailed obligations and responsibilities of each party

5. Contract Documents: Hierarchy and list of documents forming part of the agreement

6. Commencement and Programme: Project timeline, start date, and completion requirements

7. Payment Provisions: Payment terms, mechanisms, and procedures compliant with Construction Contracts Act 2013

8. Design Responsibilities: Allocation of design responsibilities and approval processes

9. Construction Obligations: Specific requirements for construction works and standards

10. Statutory Compliance: Compliance with building regulations and other statutory requirements

11. Insurance and Liability: Insurance requirements and liability allocation between parties

12. Variations and Changes: Procedures for handling variations to works or contract terms

13. Extensions of Time: Circumstances and procedures for time extensions

14. Defects and Warranties: Defects liability period and warranty provisions

15. Termination: Termination rights and procedures for each party

16. Dispute Resolution: Procedures for resolving disputes between parties

17. General Provisions: Standard boilerplate clauses including notices, governing law, etc.

Optional Sections

1. Step-In Rights: Rights of one party (usually funder) to step into the shoes of another - used when project financing is involved

2. Collateral Warranties: Additional warranty provisions - used when required by funders or purchasers

3. Performance Security: Bonds or guarantees - used for larger projects or when required by funders

4. Environmental Provisions: Specific environmental requirements - used for projects with significant environmental impact

5. Professional Team Provisions: Provisions relating to professional team appointments - used when professional team novation is involved

6. Multi-Currency Provisions: Provisions for handling multiple currencies - used in international projects

7. Building Information Modelling (BIM): BIM protocol and requirements - used when BIM is part of the project

8. Value Engineering: Procedures for cost optimization - used in complex or high-value projects

Suggested Schedules

1. Schedule 1 - Project Details: Detailed description of the works and project specifications

2. Schedule 2 - Programme: Detailed construction programme and milestones

3. Schedule 3 - Payment Schedule: Payment amounts, timelines, and mechanisms

4. Schedule 4 - Design Documents: List of design documents and responsibilities

5. Schedule 5 - Insurance Requirements: Detailed insurance requirements for each party

6. Schedule 6 - Key Personnel: List of key personnel from each party

7. Schedule 7 - Forms of Certificates: Template certificates for completion, payment, etc.

8. Schedule 8 - Site Information: Details about the construction site and conditions

9. Schedule 9 - Performance Security Forms: Forms of bonds or guarantees if required

10. Schedule 10 - Quality Requirements: Quality standards and testing requirements

11. Appendix A - Technical Specifications: Detailed technical specifications for the works

12. Appendix B - Drawings: List and copies of relevant drawings

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Construction

Real Estate

Infrastructure

Commercial Property

Residential Development

Industrial

Healthcare

Education

Retail

Hospitality

Data Centers

Renewable Energy

Public Sector

Relevant Teams

Legal

Construction

Commercial

Finance

Operations

Risk and Compliance

Procurement

Technical

Project Management

Property

Development

Relevant Roles

Construction Director

Project Manager

Commercial Director

Legal Counsel

Contract Manager

Development Director

Financial Director

Construction Manager

Quantity Surveyor

Risk Manager

Procurement Manager

Technical Director

Operations Director

Compliance Officer

Senior Architect

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