Indemnity Agreement (Construction)

Indemnity Agreement (Construction) Template for Ireland

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Key Requirements PROMPT example:

"I need an Indemnity Agreement (Construction) under Irish law for a large-scale commercial development project in Dublin, where my company is the main contractor and we need to manage risk allocation with three major subcontractors for work commencing in March 2025."

Document background

The Indemnity Agreement (Construction) is a crucial risk management tool in Irish construction projects, used to protect parties against potential losses, damages, and third-party claims arising from construction activities. This document is typically required when there are significant risks to be allocated between parties in construction projects, such as potential property damage, personal injury, or professional liability claims. It ensures compliance with Irish legislation, including the Construction Contracts Act 2013, Safety, Health and Welfare at Work Act 2005, and relevant building regulations. The agreement should be customized based on project size, complexity, and specific risk factors, while maintaining alignment with Irish construction industry practices and legal requirements.

Suggested Sections

1. Parties: Identification of all parties to the agreement, including the indemnitor and indemnitee

2. Background: Context of the agreement, relationship to the main construction contract, and purpose of the indemnity

3. Definitions: Definitions of key terms used throughout the agreement, including 'Indemnified Parties', 'Claims', 'Losses', etc.

4. Scope of Indemnity: Detailed description of what risks, losses, and damages are covered by the indemnity

5. Indemnification Obligations: Specific obligations of the indemnitor, including defense obligations and payment terms

6. Exclusions: Clear statement of what is not covered by the indemnity

7. Claims Procedure: Process for making and handling indemnity claims, including notice requirements and time limits

8. Insurance Requirements: Mandatory insurance coverage to be maintained in support of the indemnity obligations

9. Duration and Survival: Term of the agreement and which provisions survive termination

10. General Provisions: Standard contractual provisions including governing law, notices, and amendment procedures

Optional Sections

1. Step-In Rights: Optional provisions allowing the indemnitee to take over defense of claims, used in larger construction projects

2. Cross-Indemnification: Mutual indemnification provisions, used when both parties have significant risks to cover

3. Security: Requirements for bonds or other security to support the indemnity, used for high-value obligations

4. Subcontractor Provisions: Specific provisions relating to subcontractor indemnities, used in complex projects with multiple tiers

5. Environmental Indemnity: Specific provisions for environmental risks, used in projects with significant environmental exposure

6. Professional Liability: Specific provisions for design and professional services liability, used when design services are included

Suggested Schedules

1. Schedule 1 - Defined Terms: Comprehensive list of defined terms and their meanings

2. Schedule 2 - Insurance Requirements: Detailed specification of required insurance policies, coverage limits, and terms

3. Schedule 3 - Form of Claim Notice: Template for submitting indemnity claims

4. Schedule 4 - Excluded Claims: Detailed list of specifically excluded claims or circumstances

5. Appendix A - Related Agreements: List of related construction contracts and agreements referenced in the indemnity

6. Appendix B - Authorized Representatives: List of parties' authorized representatives for claim notifications and proceedings

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

Commercial Construction

Residential Construction

Infrastructure Development

Industrial Construction

Healthcare Construction

Educational Facilities

Retail Development

Mixed-Use Development

Public Works

Energy and Utilities

Transportation Infrastructure

Sustainable Building

Relevant Teams

Legal

Construction

Risk Management

Operations

Commercial

Procurement

Health and Safety

Insurance

Compliance

Contract Administration

Relevant Roles

Construction Director

Project Manager

Contract Manager

Legal Counsel

Risk Manager

Insurance Manager

Construction Manager

Site Supervisor

Quantity Surveyor

Commercial Director

Operations Director

Health and Safety Manager

Procurement Manager

Claims Manager

Company Secretary

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