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Cost Plus Construction Agreement Template for Ireland

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Key Requirements PROMPT example:

Cost Plus Construction Agreement

"I need a Cost Plus Construction Agreement governed by Irish law for a data center construction project in Dublin, with a target completion date of June 2025 and including specific provisions for technology infrastructure and phased completion."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

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

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

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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