Building Contract

In this page, we will set out the Roles, Responsibilities and Practicalities of each party in relation to the building contract. 

 

The Contract – 

  • The contract that will be used for this project is the RIAI short form white contract, a copy of which you have received via email.

  • The contract is between the client and the contractor and is administered by the architect.

  • This is a fixed price contract and it is agreed that the contractor will build the project as described in the drawings and specifications for a ‘Fixed Price’ unless there are variations or additions.

 

The Client –

 

  • The client is responsible for signing off on the design on the detail design drawings and is responsible for satisfying themselves that the design is approved before it goes to site.

  • The client is responsible for informing their house insurer of when the project commences and supplying their insurer with all the details that they will require.

  • The client will demonstrate by written proof to the architects on or before the signing of the contract their ability to discharge the contract value.

  • The client is responsible for making decisions in a timely manner.

  • The client is responsible for payment of all costs relating to the project, foreseen and unforeseen.

  • The client will only pay the contractor once an Interim Payment Certificate has been issued by the architect.

  • The client is responsible for applying for any Grants that may be sought such as SEAI grants etc.

  • The client is responsible for applying for any SEAI grants for upgrade work, in advance of any such work being completed.

 

The Contractor – 

  • The contractor is responsible for building the project.

  • The contractor is responsible for sourcing all materials and labour required to build the project as specified in the contract.

  • The contractor is responsible for Project Managing the project and to ensure that the project is delivered in a timely manner.

  • The contractor is responsible to ensure the project is safely built and to act as the Project Supervisor Construction Stage under the Health & Safety Construction regulations.

  • The contractor is responsible to hold adequate Public Liability, Employers Liability and All Risks Insurance for the project and to ensure that all sub-contractors employed by the contractor hold adequate insurances also.

  • The contractor is responsible for being registered with SEAI for any grants that the client wishes to claim for.

  • The contractorwill make claims for payment to the Architect only.

 

The Architects – 

  • The architect is responsible for administering the contract between the contractor and the client.

  • The architect is responsible for adjudicating on any disagreements or disputes that may arise.

  • The architect is responsible for inspecting the work on-site as it progresses and ensuring the work is in compliance with the contract drawings, the building regulations and the planning permission.

  • The architect is responsible for certifying the value of the work once a claim for payment has been made by the contractor.

 

Claims for Payment – 

  • All claims for payment made by the contractor on or before Thursday mid-day will be released by the architects the following Monday.

  • The architect will release the Certificate for Interim Payment to the contractor and client at the same time.

  • Payments will only be made to the contractor once an Interim Payment Certificate has been supplied by the architect.

  • All payments will be made by the client direct to the contractor.

  • The client will inform the Architect of the record of ALL payments made at all times.

  • All payments during the contract construction phase will be less 5% retention, reducing to 2.5% at practical completion stage.

 

Variations & Additions – 

  • If there is any variation to the contract or additional work requested, this will be notified to the architect by the client and contractor by email straight away.

  • Prior to any variation or addition proceeding, the contractor will issue by email to the client and architect the costs of said variation or addition for agreement prior to undertaking any work.

  • Any variations or additions that have not been agreed and signed off by the architect will not be authorised by the architect at the final account stage.

 

Time – 

  • It is the contractor’s responsibility to project manage the build and ensure it delivers on time.

  • It is the contractor’s responsibility to build the project in a timely manner.

  • It is the contractor’s responsibility to inform the architect and client of any delays.

  • It is the client’s responsibility to make decisions in a timely manner and to make payments in a timely manner if not the contractor will be entitled to make claim for an extension of time.

 

Disputes – 

  • The client and the architect agree that all disputes or disagreements will be adjudicated upon by the architect and both agree to accept the architect’s decision as final.