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Construction Payment Agreement
"I need a Construction Payment Agreement for a €50M commercial development project in Dublin, with milestone-based payments and retention provisions, scheduled to commence in March 2025."
1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and company registration numbers
2. Background: Context of the agreement, including reference to the main construction contract and the purpose of this payment agreement
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpreting the document
4. Payment Mechanism: Detailed process for payment applications, certification, and timing of payments in compliance with the Construction Contracts Act 2013
5. Payment Notice Requirements: Specifications for payment notices, responses, and pay-less notices as required by law
6. Payment Schedule: Timing and frequency of payments, including milestone payments if applicable
7. Valuation of Works: Method for valuing work completed, variations, and additional works
8. Dispute Resolution: Procedures for resolving payment disputes, including statutory adjudication rights
9. Set-off Rights: Circumstances under which amounts can be set off against payments
10. VAT and Taxation: Treatment of VAT and other applicable taxes
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Governing Law and Jurisdiction: Confirmation of Irish law as governing law and jurisdiction
1. Performance Security: Required when payment is linked to performance bonds or guarantees
2. Retention: Include when retention monies are to be held from payments
3. Project Bank Accounts: Required when using project bank accounts for payment management
4. Parent Company Guarantee: Include when payment obligations are backed by a parent company
5. Currency and Exchange Rates: Required for international projects involving multiple currencies
6. Early Payment Provisions: Optional provisions for early payment discounts or incentives
7. Sub-contractor Payment Terms: Required when agreement covers payments to sub-contractors
8. Force Majeure: Include when specific events might affect payment obligations
1. Schedule 1 - Payment Application Form: Standard form for submitting payment applications
2. Schedule 2 - Rate Card: Agreed rates for labor, materials, and equipment
3. Schedule 3 - Payment Timeline: Detailed timeline showing payment due dates and notice periods
4. Schedule 4 - Supporting Documentation Requirements: List of required documents to support payment applications
5. Schedule 5 - Contact Details: Key contacts for payment-related communications
6. Schedule 6 - Measurement Rules: Rules for measuring and quantifying work completed
7. Appendix A - Main Contract Payment Terms: Relevant excerpts from the main construction contract
8. Appendix B - Form of Payment and Pay-Less Notices: Template notices required under the Construction Contracts Act
Authors
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Development
Industrial Construction
Public Works
Healthcare Construction
Educational Facilities
Retail Development
Hospitality Construction
Energy Infrastructure
Legal
Finance
Operations
Commercial
Construction
Project Management
Risk Management
Procurement
Contracts Administration
Accounts Payable
Construction Manager
Project Manager
Quantity Surveyor
Commercial Director
Contracts Manager
Financial Controller
Construction Director
Operations Manager
Legal Counsel
Chief Financial Officer
Project Accountant
Construction Site Manager
Procurement Manager
Risk Manager
Claims Manager
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