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Early Works Agreement for Ireland

Early Works Agreement Template for Ireland

A legally binding agreement governed by Irish law that authorizes and regulates preliminary construction works before the execution of a main construction contract. This document establishes the scope, terms, and conditions for early works, including payment mechanisms compliant with the Construction Contracts Act 2013, health and safety requirements, and the relationship with the anticipated main contract. It provides essential protection for both the employer and contractor during the preliminary phase of construction projects while ensuring compliance with Irish construction regulations and statutory requirements.

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What is a Early Works Agreement?

The Early Works Agreement is a crucial document in Irish construction projects where certain works need to commence before finalizing the main construction contract. It is typically used when there are time-critical elements of a project, such as site preparation, enabling works, or long-lead item procurement. The agreement ensures compliance with Irish construction law, particularly the Construction Contracts Act 2013, while providing a clear framework for preliminary works, payment terms, and risk allocation. It bridges the gap between project initiation and the main contract execution, offering legal protection to both parties and maintaining alignment with Irish building regulations, health and safety requirements, and environmental standards. This document is essential for projects requiring early commencement while main contract negotiations are ongoing.

What sections should be included in a Early Works Agreement?

1. Parties: Identification of the Employer and Contractor, including full legal names and addresses

2. Background: Context of the early works, relationship to main contract, and general project information

3. Definitions and Interpretation: Key terms used in the agreement and rules of interpretation

4. Scope of Early Works: Detailed description of authorized preliminary works and deliverables

5. Commencement and Duration: Start date, duration, and relationship to main contract timeline

6. Contractor's Obligations: Key responsibilities including safety, workmanship, and compliance with regulations

7. Employer's Obligations: Access to site, information provision, and other client responsibilities

8. Payment Terms: Payment mechanism, valuation process, and payment schedule in compliance with Construction Contracts Act

9. Insurance and Liability: Required insurance coverage and allocation of risks

10. Termination: Circumstances allowing termination and consequences

11. Governing Law and Jurisdiction: Confirmation of Irish law governance and jurisdiction

What sections are optional to include in a Early Works Agreement?

1. Site Conditions: Specific site-related obligations and known conditions, used when site access is required

2. Permits and Consents: List of required permits and responsibilities for obtaining them, included when specific authorizations are needed

3. Environmental Requirements: Specific environmental obligations, included for environmentally sensitive works

4. Third Party Agreements: Interface with other contractors or stakeholders, used when coordination is required

5. Value Engineering: Provisions for cost optimization and alternative proposals, included for complex preliminary works

6. Intellectual Property: Rights in design and other IP matters, included when design or creative works are involved

7. Force Majeure: Provisions for unforeseen events, included for longer duration early works

What schedules should be included in a Early Works Agreement?

1. Schedule 1 - Scope of Early Works: Detailed description of authorized works, specifications, and drawings

2. Schedule 2 - Programme: Detailed timeline of early works activities and key dates

3. Schedule 3 - Payment Schedule: Breakdown of costs, rates, and payment milestones

4. Schedule 4 - Site Information: Site details, access points, and known constraints

5. Schedule 5 - Required Insurance: Details of required insurance coverage and limits

6. Schedule 6 - Key Personnel: List of key personnel from both parties and their roles

7. Appendix A - Forms and Notices: Standard forms for applications, certificates, and notices

8. Appendix B - Health and Safety Requirements: Specific health and safety obligations and procedures

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

Jurisdiction

Ireland

Publisher

Ƶ

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions











































Clauses






























Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Development

Industrial Development

Healthcare Facilities

Education Facilities

Retail Development

Energy and Utilities

Transport Infrastructure

Relevant Teams

Legal

Construction

Commercial

Procurement

Project Management

Risk Management

Health and Safety

Technical

Planning

Finance

Operations

Relevant Roles

Construction Manager

Project Director

Commercial Director

Contract Manager

Legal Counsel

Quantity Surveyor

Project Manager

Site Manager

Risk Manager

Procurement Manager

Development Manager

Technical Director

Health and Safety Manager

Planning Coordinator

Cost Controller

Industries








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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