The Cost Plus Construction Agreement is designed for construction projects in Ireland where the final costs cannot be accurately determined at the outset, or where flexibility is needed in the scope of works. This agreement type is particularly suitable for complex projects, renovation works, or situations where the exact scope may evolve during construction. The document comprehensively addresses the requirements of Irish construction law, including the Construction Contracts Act 2013 and Building Control Regulations, while establishing clear mechanisms for cost verification, markup calculation, and payment procedures. It includes provisions for regulatory compliance, risk allocation, quality control, and project management, making it suitable for both commercial and residential construction projects where traditional fixed-price contracts may not be appropriate.
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1. Parties: Identification and details of the Employer and Contractor
2. Background: Context of the agreement and brief project overview
3. Definitions and Interpretation: Defined terms and rules of interpretation
4. Scope of Works: Detailed description of the construction works to be performed
5. Contractor's Obligations: Core responsibilities including workmanship standards, compliance with laws, and project execution requirements
6. Employer's Obligations: Key responsibilities including site access, permits, and information provision
7. Cost Plus Mechanism: Definition of costs, markup calculation, and payment structure
8. Payment Terms: Invoicing process, payment timelines, and documentation requirements
9. Time for Completion: Project schedule, milestones, and completion requirements
10. Variations: Process for managing changes to the scope or costs
11. Quality and Inspection: Quality standards, testing requirements, and inspection procedures
12. Health and Safety: Safety requirements and responsibilities
13. Insurance and Liability: Required insurance coverage and liability provisions
14. Termination: Grounds and procedures for contract termination
15. Dispute Resolution: Procedures for resolving disputes
16. General Provisions: Standard boilerplate clauses including notices, governing law, and entire agreement
1. Performance Security: Requirements for bonds or guarantees, used for larger projects
2. Environmental Requirements: Specific environmental obligations, included for projects with significant environmental impact
3. Value Engineering: Procedures for cost optimization, relevant for complex projects
4. Liquidated Damages: Pre-agreed damages for delay, used when specific completion dates are critical
5. Intellectual Property: IP rights and obligations, relevant when design or innovative methods are involved
6. Building Information Modeling: BIM requirements and protocols, for projects using BIM
7. Concurrent Projects: Interface management with other contractors, for sites with multiple ongoing works
8. Financing Requirements: Specific provisions required by project financiers
9. Local Content Requirements: Requirements for local labor or materials, if applicable
1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings
2. Schedule 2 - Cost Components: Breakdown of allowable costs, overhead and profit calculations
3. Schedule 3 - Key Personnel: List of key staff and their roles
4. Schedule 4 - Program: Detailed construction program and milestones
5. Schedule 5 - Site Information: Site details, access points, and known constraints
6. Schedule 6 - Required Insurance: Details of required insurance policies and coverage
7. Schedule 7 - Forms and Procedures: Standard forms for variations, payments, and certificates
8. Schedule 8 - Equipment and Materials: Lists of contractor-supplied and employer-supplied items
9. Schedule 9 - Permits and Approvals: Required permits and party responsible for obtaining them
10. Appendix A - Rate Schedule: Labor and equipment rates for cost calculations
11. Appendix B - Quality Management Plan: Quality assurance and control procedures
12. Appendix C - Safety Management Plan: Health and safety procedures and requirements
Relevant legal definitions
Clauses
Relevant Industries
Commercial Construction
Residential Development
Industrial Construction
Infrastructure Development
Healthcare Construction
Education Facilities
Retail Development
Hospitality Construction
Data Center Construction
Manufacturing Facilities
Renewable Energy Infrastructure
Public Works
Relevant Teams
Legal
Construction
Commercial
Procurement
Finance
Operations
Risk Management
Project Management
Technical
Development
Contracts Administration
Quality Assurance
Relevant Roles
Construction Manager
Project Director
Commercial Director
Contract Manager
Quantity Surveyor
Cost Manager
Project Manager
Legal Counsel
Risk Manager
Procurement Manager
Finance Director
Operations Director
Technical Director
Construction Director
Development Manager
Site Manager
Chief Financial Officer
Chief Operating Officer
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