Create a bespoke document in minutes, or upload and review your own.
Get your first 2 documents free
Your data doesn't train Genie's AI
You keep IP ownership of your information
Contingency Contract
I need a contingency contract for a project-based consultant who will provide services on an as-needed basis, with a clear scope of work and deliverables outlined. The contract should include a flexible payment schedule based on project milestones, and a termination clause with a 30-day notice period.
What is a Contingency Contract?
A Contingency Contract sets up a future business deal that only takes effect when specific conditions are met. These agreements are common in Irish commercial law, especially for property sales, business acquisitions, and professional service arrangements where parties want to move forward but need certain things to happen first.
Irish courts enforce these contracts when they include clear, measurable triggers - like securing planning permission, reaching sales targets, or obtaining regulatory approval. The contract must spell out exactly what needs to happen and by when, following requirements under the Statute of Frauds (Ireland) 1695 for written terms. This gives both sides legal protection while waiting for conditions to be fulfilled.
When should you use a Contingency Contract?
Use a Contingency Contract when you need to secure a business deal that depends on future events. For example, buying property that requires planning permission, acquiring a company that needs regulatory approval, or hiring key employees who must obtain specific qualifications before starting. These agreements protect both parties during the waiting period.
These contracts work especially well in Irish business scenarios where timing and external factors matter - like seasonal businesses depending on tourism licenses, construction projects awaiting environmental clearance, or professional service firms bringing in partners subject to industry certifications. They give you legal protection while managing complex transitions and dependencies.
What are the different types of Contingency Contract?
- Conditions Precedent: Used in property deals or business acquisitions where specific requirements must be met before completion, like securing planning permission or regulatory approval
- Performance-Based: Links payment or obligations to achieving specific targets, popular in sales contracts and consultancy agreements
- Time-Dependent: Activates contract terms when certain time-based milestones are reached, common in construction and development projects
- Multi-Party Contingent: Coordinates complex deals involving several parties, each with their own conditions to fulfill
- Regulatory Contingent: Specifically structured around Irish regulatory requirements, often used in licensed industries or financial services
Who should typically use a Contingency Contract?
- Business Owners: Create Contingency Contracts when buying, selling, or expanding operations, especially for property deals or company acquisitions
- Solicitors: Draft and review agreements to ensure legal compliance and protect client interests under Irish contract law
- Property Developers: Use these contracts when deals depend on planning permission or specific construction milestones
- Financial Institutions: Require contingent agreements for lending arrangements or business financing
- Professional Service Firms: Structure partnership agreements and client contracts with performance-based conditions
- Regulatory Bodies: Review and enforce compliance with relevant Irish business regulations
How do you write a Contingency Contract?
- Define Conditions: Clearly outline all triggering events, milestones, or requirements that must be met
- Party Details: Gather full legal names, addresses, and authority status of all involved parties
- Timeline Planning: Set realistic deadlines for condition fulfillment and contract completion
- Risk Assessment: Identify potential obstacles and include appropriate remedies or exit clauses
- Legal Requirements: Check Irish contract law requirements for your specific industry or transaction type
- Documentation: Collect supporting documents, permits, or certificates needed for conditions
- Review Process: Establish how and when condition fulfillment will be verified and recorded
What should be included in a Contingency Contract?
- Party Identification: Full legal names, addresses, and company registration details if applicable
- Contingent Conditions: Clear, specific triggers or requirements that must be met for contract activation
- Performance Timeline: Deadlines and schedules for meeting conditions and completing obligations
- Consideration Details: Specific values, payments, or exchanges that make the contract binding
- Default Provisions: Consequences and remedies if conditions aren't met within specified timeframes
- Governing Law: Explicit statement of Irish law jurisdiction and applicable regulations
- Termination Rights: Circumstances allowing contract cancellation before conditions are met
- Signature Block: Space for dated signatures with witness provisions as required by Irish law
What's the difference between a Contingency Contract and a Contract to Sell?
A Contingency Contract differs significantly from a Contract to Sell in several key ways. While both deal with future transactions, they serve distinct purposes in Irish business law.
- Activation Trigger: Contingency Contracts activate only when specific conditions are met, while Contracts to Sell create an immediate obligation to complete a future sale
- Risk Distribution: Contingency Contracts share risks between parties until conditions are met, whereas Contracts to Sell place most obligations on the seller immediately
- Legal Enforcement: Contingency Contracts require proof of condition fulfillment before enforcement, but Contracts to Sell are immediately enforceable
- Time Flexibility: Contingency Contracts often have variable completion dates based on condition fulfillment, while Contracts to Sell typically specify fixed completion dates
- Exit Options: Contingency Contracts usually offer more flexibility for both parties to walk away if conditions aren't met, unlike Contracts to Sell which are more binding
Download our whitepaper on the future of AI in Legal
ұԾ’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; ұԾ’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
Our bank-grade security infrastructure undergoes regular external audits
We are ISO27001 certified, so your data is secure
Organizational security
You retain IP ownership of your documents
You have full control over your data and who gets to see it
Innovation in privacy:
Genie partnered with the Computational Privacy Department at Imperial College London
Together, we ran a £1 million research project on privacy and anonymity in legal contracts
Want to know more?
Visit our for more details and real-time security updates.
Read our Privacy Policy.