The Indemnification Agreement (Construction) is a vital risk management tool in Irish construction projects, designed to protect parties against potential losses, damages, or liabilities arising from construction activities. This document is typically used when parties need to clearly define their risk allocation and compensation obligations, particularly in complex construction projects where multiple stakeholders are involved. It addresses requirements under Irish law, including the Construction Contracts Act 2013 and Safety, Health and Welfare at Work Act 2005, while incorporating industry-standard provisions for insurance, claims procedures, and liability limitations. The agreement is essential for projects where significant risks need to be managed, such as large-scale commercial developments, infrastructure projects, or specialized construction works requiring clear accountability and risk transfer mechanisms.
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1. Parties: Identifies and defines the indemnitor (typically the contractor/subcontractor) and indemnitee (typically the project owner/main contractor)
2. Background: Sets out the context of the agreement, including reference to the main construction contract and the reason for the indemnification arrangement
3. Definitions: Defines key terms used throughout the agreement, including 'Claims', 'Losses', 'Indemnified Parties', and project-specific terms
4. Scope of Indemnification: Details the specific risks, losses, and circumstances covered by the indemnification
5. Indemnification Obligations: Specifies the exact obligations of the indemnitor, including financial responsibilities and duty to defend
6. Insurance Requirements: Outlines the required insurance coverage to support the indemnification obligations
7. Claims Procedure: Details the process for making and responding to indemnification claims
8. Duration of Obligations: Specifies how long the indemnification obligations remain in effect
9. Limitations and Exclusions: Sets out any caps on liability and excluded claims or circumstances
10. Governing Law and Jurisdiction: Confirms Irish law as governing law and specifies jurisdiction for disputes
1. Third Party Rights: Include when there are specific third parties who need to benefit from the indemnification
2. Environmental Indemnification: Include for projects with significant environmental risks or concerns
3. Intellectual Property Indemnification: Include when the project involves significant design elements or proprietary methods
4. Cross-Indemnification: Include when both parties are providing reciprocal indemnities
5. Alternative Dispute Resolution: Include when parties want to specify mediation or arbitration procedures
6. Step-In Rights: Include when the indemnitee needs the right to take over defense of claims
7. Survival Clause: Include when specific obligations need to survive termination of the main construction contract
1. Schedule 1 - Project Details: Details of the construction project including location, scope, and key dates
2. Schedule 2 - Insurance Requirements: Detailed specifications of required insurance policies, coverage limits, and terms
3. Schedule 3 - Excluded Claims: Detailed list of specific exclusions from the indemnification scope
4. Schedule 4 - Claims Procedure: Detailed procedure for notification, handling, and resolution of claims
5. Schedule 5 - Related Agreements: List of related construction contracts and agreements referenced in the indemnification
6. Appendix A - Form of Claim Notice: Standard form for making indemnification claims under the agreement
7. Appendix B - Insurance Certificates: Copies of required insurance certificates and policies
Relevant legal definitions
Clauses
Relevant Industries
Commercial Construction
Residential Construction
Infrastructure Development
Industrial Construction
Healthcare Construction
Educational Facilities
Retail Construction
Hospitality Construction
Public Works
Energy and Utilities
Relevant Teams
Legal
Risk Management
Construction
Operations
Commercial
Procurement
Health and Safety
Finance
Project Management
Contract Administration
Relevant Roles
Construction Project Manager
Contract Manager
Legal Counsel
Risk Manager
Insurance Manager
Construction Director
Commercial Director
Project Director
Quantity Surveyor
Site Manager
Construction Supervisor
Health and Safety Manager
Operations Manager
Chief Executive Officer
Chief Financial Officer
Procurement Manager
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