Construction Contracts, Professional Appointments and Ancillary Agreements
We have vast experience in drafting, advising and negotiating contracts on behalf of employers, contractors, sub-contractors and professionals. We can also advise on the preparation of Public Private Partnership (PPP) agreements, tendering procedures and procurement.
In addition, Damien Keogh has been involved in a broad range of office, industrial and retail developments and has advised in relation to many of the major construction and infrastructural projects which have taken place in Ireland over the last decade.
We have also significant expertise and experience in respect of advising professionals, contractors and sub-contractors in respect of their liabilities and responsibilities under the Building Control (Amendment) Regulations 2014 (BCAR) and Damien Keogh is one of the leading authorities on the Regulations having been instrumental in the revocation of the earlier 2013 Regulations.
Our objectives are to deliver practical jargon-free advice to assist clients run their business more effectively and to achieve their business goals more cost-effectively while providing practical solutions to clients’ legal and contractual issues.
Our areas of expertise in respect of drafting contracts and agreements and the services we can provide our clients include advising on the following:
- Standard and bespoke forms of main contracts and sub-contracts
- Traditional build-only and design-and-build contracts
- Government public works contracts, appointments and sub-contracts
- New builds, fit-out contracts, renovations, distressed developments
- Professional appointments and consultancy agreements
- Assigned Certifier, Design Certifier and Ancillary Certifier appointments under BCAR
- Collateral warranties and direct agreements
- Management Contracting and Construction Management
- PPP construction contracts and ancillary documentation
- EPC contracts for energy and infrastructure projects
- Bonds and guarantees
- Construction health and safety
- Partnering, joint venturing and alliancing
The following represent some relevant experience in respect of advising on the drafting and negotiation of construction contracts, sub-contracts, professional appointments and ancillary agreements:
- Acting on behalf of funder client in advising on construction contract, subcontracts, design appointments and ancillary documents in respect of the construction loan to the new owner in relation to the build out of a hotel and residence distressed development.
- Advising client receiver in respect of the build out of a major Dublin residential distressed development in relation to all construction issues including the drafting and negotiation of the design and build construction contract, design consultant appointments (novated to D & B contractor), all collateral warranties and the project management / client’s representative agreements.
- Advising bank syndicate in relation to build out of remedial works to major Dublin hotel including drafting construction contracts, design appointments and subcontracts, and advising the bank syndicate in relation to claims by previous contractors.
- Advising a number of Ireland’s leading banks (both NAMA banks and others) both directly and through appointed receivers in relation to numerous distressed housing, commercial and leisure developments including working with banks and receivers to identify and assess the risks inherent in the various options available for these distressed developments, such as build-out and rental, sale and ‘mothballing’ of developments. Advising banks and receivers on the various options/contract structures put forward to build out these distressed developments and on the pros and cons of different arrangements. Drafting very specific letters of intent along with complex bespoke construction and development agreements to facilitate the build-out of distressed developments, which necessitate clear lines of risk apportionment and responsibility for defects. Regularly advising in relation to insurance, retention of title issues and planning permission queries regarding distressed developments. Advising PPPCo consortium in two schools PPP developments in drafting, negotiating and finalising construction contracts, design appointments, subcontracts and all ancillary documents in respect of build out of distressed development of schools as a consequence of contractor’s liquidation.
- Drafting suite of consultant appointments, management contracts (with complex phasing arrangements), letters of intent and design and build construction contracts (based on the RIAI form of contract), including performance bonds, parent company guarantees and collateral warranties, for the purposes of their accommodation needs in Dublin for the purposes of temporary swing space accommodation and two management contracts for the purposes of permanent space for Google
- Drafting contracts, consultant appointments and ancillary agreements for the design and build of a series of data centres in Ireland. The initial phase of this development involved drafting a bespoke management contract (based on the RIAI Form Contract) and letters of appointment for the design team and construction consultants.
- Localisation of US standard form construction contracts and professional appointments for a major multinational IT company including advising on the construction contracts and consultants appointments for their European business centre.
- Drafting bespoke Master Design and Equipment Purchase Agreement for a number of data centres in Ireland, including drafting contracts for an unmanned “containerized” data centre structure. In particular, advising in relation to “market” retention provisions, safety and health provisions (including the appointment of project supervisors), retention of title issues along with a detailed “security package” in order to protect the employer against potential contractor insolvency.
- Drafting fit-out contract for the purposes of a call centre to be located in Ireland, including drafting and advising in relation to detailed letter of intent, fit-out contract based on the RIAI blue form of contract and letter of engagement for the project manager/architect.