Engineering And Construction Subcontract Template for Ireland

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Key Requirements PROMPT example:

Engineering And Construction Subcontract

"I need an Engineering and Construction Subcontract for a renewable energy project in Cork, Ireland, where our main contractor will be subcontracting the electrical installation works with a contract value of €2.5M and completion date of March 2025."

Document background
The Engineering and Construction Subcontract is a crucial document used in the Irish construction industry when a main contractor needs to delegate specific portions of construction or engineering works to specialized subcontractors. This document is essential for projects where technical expertise or specialized services are required, ensuring compliance with Irish construction law, particularly the Construction Contracts Act 2013 and Safety, Health and Welfare at Work regulations. It establishes the legal framework for the relationship between the main contractor and subcontractor, detailing obligations, payment terms, quality standards, and risk allocation. The document is structured to protect both parties' interests while ensuring project delivery aligns with the main contract requirements and Irish building regulations.
Suggested Sections

1. Parties: Identification of the Main Contractor and Subcontractor, including company details and registration numbers

2. Background: Context of the main contract, project details, and basis for the subcontract

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the contract

4. Scope of Works: Detailed description of the subcontract works and deliverables

5. Contract Documents: Hierarchy and list of documents forming the subcontract

6. Subcontractor's Obligations: General and specific obligations including workmanship, materials, and compliance requirements

7. Main Contractor's Obligations: Main contractor's responsibilities including site access, information provision, and coordination

8. Programme and Progress: Time requirements, programme submissions, and progress reporting obligations

9. Variations: Procedures for handling changes to the subcontract works

10. Payment Terms: Payment provisions compliant with the Construction Contracts Act, including payment notice requirements

11. Health and Safety: Safety obligations and compliance with relevant regulations

12. Quality Assurance: Quality control requirements and inspection procedures

13. Insurance and Liability: Insurance requirements and liability provisions

14. Suspension and Termination: Rights and procedures for suspension and termination

15. Dispute Resolution: Procedures for resolving disputes including statutory adjudication

16. General Provisions: Standard contract clauses including notices, governing law, and entire agreement

Optional Sections

1. Performance Security: Required when performance bond or parent company guarantee is needed

2. Design Obligations: Include when subcontractor has design responsibilities

3. Intellectual Property: Required when subcontract involves design, software, or innovative methods

4. Environmental Requirements: Include for projects with specific environmental obligations

5. Building Information Modelling (BIM): Required when BIM is part of the project requirements

6. Materials on Site: Include when there are specific requirements for materials storage and handling

7. Training and Technology Transfer: Required when subcontractor must provide training or technology transfer

8. Confidentiality: Include for projects involving sensitive information or proprietary technology

Suggested Schedules

1. Schedule 1 - Scope of Works: Detailed technical specification of the subcontract works

2. Schedule 2 - Contract Price and Payment Terms: Detailed breakdown of prices, rates, and payment procedures

3. Schedule 3 - Programme: Detailed programme of works including key dates and milestones

4. Schedule 4 - Site Information: Site-specific information and requirements

5. Schedule 5 - Form of Collateral Warranty: Standard form of collateral warranty if required

6. Schedule 6 - Insurance Requirements: Detailed insurance requirements and minimum coverage

7. Schedule 7 - Key Personnel: List of key personnel and their roles

8. Schedule 8 - Forms and Notices: Standard forms for payment notices, variations, and other contract administration

9. Appendix 1 - Technical Submittals: Requirements for technical submissions and approvals

10. Appendix 2 - Quality Management Plan: Quality management requirements and procedures

11. Appendix 3 - Health and Safety Requirements: Detailed health and safety requirements and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Construction

Civil Engineering

Mechanical Engineering

Electrical Engineering

Infrastructure

Commercial Property

Industrial

Residential Development

Energy

Transportation

Environmental

Utilities

Mining

Oil and Gas

Renewable Energy

Relevant Teams

Legal

Commercial

Operations

Procurement

Contract Administration

Risk Management

Engineering

Construction

Health and Safety

Quality Assurance

Project Management

Finance

Relevant Roles

Contract Manager

Project Manager

Construction Manager

Commercial Manager

Quantity Surveyor

Construction Director

Legal Counsel

Risk Manager

Procurement Manager

Site Manager

Engineering Manager

Technical Director

Operations Director

Commercial Director

Contract Administrator

Claims Manager

Health and Safety Manager

Quality Manager

Industries
Construction Contracts Act 2013: Regulates payment practices in construction contracts and provides statutory payment protections for subcontractors, including the right to suspend work for non-payment and adjudication procedures
Safety, Health and Welfare at Work (Construction) Regulations 2013: Sets out the main requirements for ensuring construction work is carried out safely, including site safety, worker protection, and project supervisor responsibilities
Building Control Act 2007: Governs building standards and regulations, ensuring compliance with technical requirements and building control regulations
Building Control (Amendment) Regulations 2014: Requires mandatory certificates of compliance, detailed drawings, and specifications for construction works
Registration of Building Works and Building Standards Act 2007: Establishes requirements for registration of contractors and sets standards for building works
Organisation of Working Time Act 1997: Regulates working hours, rest periods, and leave entitlements for workers, including those in construction
Environmental Protection Agency Act 1992: Governs environmental protection requirements relevant to construction activities, including waste management and pollution control
Planning and Development Act 2000: Sets out planning requirements and permissions needed for construction works
Civil Liability Act 1961: Governs liability and insurance requirements for construction work and professional services
Safety, Health and Welfare at Work Act 2005: Establishes general duties for employers and employees regarding workplace safety and health
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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