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Vesting Agreement (Construction)
"I need a Vesting Agreement (Construction) for a large-scale residential development project in Dublin, where materials worth €5 million will be stored off-site and need to vest progressively as they're delivered to the construction site starting March 2025."
1. Parties: Identification of the parties entering into the agreement, including the employer/developer and the contractor
2. Background: Context of the agreement, including details of the construction project and purpose of the vesting arrangement
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules for interpretation
4. Vesting Provisions: Core terms governing when and how materials and works vest in the employer
5. Payment Terms: Details of payment arrangements, including timing and conditions for payment
6. Storage and Protection: Requirements for storage, protection, and insurance of materials prior to installation
7. Quality Requirements: Standards and specifications that materials and works must meet
8. Identification and Marking: Requirements for identifying and marking materials subject to vesting
9. Risk and Insurance: Allocation of risk and insurance requirements for vested materials and works
10. Access and Inspection: Rights of employer to inspect materials and works subject to vesting
11. Title and Ownership: Provisions ensuring clear transfer of title and ownership
12. Contractor's Obligations: Specific responsibilities of the contractor regarding vested materials
13. Termination: Circumstances and procedures for terminating the agreement
14. Governing Law and Jurisdiction: Confirmation of Irish law governance and jurisdiction
1. Off-Site Storage: Additional provisions for materials stored off-site, used when significant materials are stored at locations other than the construction site
2. International Procurement: Special provisions for materials sourced internationally, included when materials are imported
3. Step-In Rights: Employer's rights to step in and take control of materials in specific circumstances, used in high-value or critical projects
4. Security Arrangements: Additional security requirements for high-value materials, included for projects with significant material costs
5. Advance Payment Provisions: Special terms for advance payments, used when significant advance payments are required
6. Subcontractor Provisions: Specific terms relating to subcontractor-supplied materials, included when significant portions are subcontracted
1. Schedule 1 - Project Details: Specific details of the construction project and works
2. Schedule 2 - Material Specifications: Detailed specifications of materials subject to vesting
3. Schedule 3 - Payment Schedule: Detailed payment terms, milestones, and amounts
4. Schedule 4 - Storage Requirements: Specific requirements for storage and protection of materials
5. Schedule 5 - Form of Vesting Certificate: Template certificate confirming vesting of materials
6. Schedule 6 - Insurance Requirements: Detailed insurance requirements and coverage levels
7. Appendix A - Site Plan: Plans showing storage locations and site layout
8. Appendix B - Quality Control Procedures: Detailed procedures for quality control and inspection
Authors
Construction
Real Estate Development
Infrastructure Development
Commercial Property
Residential Development
Industrial Construction
Public Works
Building Materials
Engineering Services
Project Finance
Legal
Construction
Commercial
Procurement
Risk Management
Project Management
Finance
Property
Operations
Contracts Administration
Construction Manager
Project Director
Contract Manager
Legal Counsel
Quantity Surveyor
Commercial Director
Procurement Manager
Risk Manager
Construction Director
Development Manager
Property Director
Finance Director
Project Manager
Site Manager
Legal Director
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