RIAI CONSTRUCTION CONTRACT August 2017 Edition - 37 Print-run March 2020

CONTENTS Page

The Articles of Agreement 5

The Conditions referred to in Article 1 of the Articles of Agreement
1. Definitions ' n "
2._Scope of Contract 9

3. i)?awi.n;s,flspecifiaiéns and Bill ;)fVQuantities 10

4. Variations aflslngm;kl;five Enactments n
5. Contractor to Provide Everytiúng Necessary n
6. Local and Other Authorities' Fees 12
7. Setting out of Works R
8. Materials and Workmanship to Conform to Description 12
9. Work to be Opened Up - T

10. Site Manager / Foreman 13

11. Access for Architect to Works 13

12. Clerk of Works 13
13. Ascertainment of Prices for Variations 13
id. Omissions - 15

15. Assignment or Sub-Letting 15

16. ;Iommated—.'wía-Conumrs 15
17. Nominated Suppliers 16

IÉ. Provmonal Éums 16

19. Prime Cost Sums a *”
zíll ;m;e;g;den;Contrmo Artists and Tradesmen 17
21A. Liability and Indemnity fo} Dvam;g;; to Pers:ns lncí ;n;perty 17

210: Inaurance Against Damaga:to Petsons and Froperty - »

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feproduce copies or skt et T document 50 in pairs. The Employer

one copy or scan of the executed documents.
and Contaciorare esdhpenmitediomake — — g
RIAI CONSTRUCTION CONTRACT August 2017 Edition 3% Prnt-run March 2020

CONTENTS [CONTINUED) Page

22. All Risks Insurance 19

23. Insurance Policies 21
24. Damage due to Excluded Risks 22
25. Damage due to Design 23
26. Responsibility for Existing Structures 24
27. War Damage 25
28. Dates for Possession and Completion 25
29, Damages for Non-Completion 26
30. Delay and Extension of Time 26
31. Practical Completion and Defects Liability 27

;A. Partial or Phased Possession 27

32B. Damage due to Use, Occupation or Possession by the Employer 28
33. Determination of Contract by Employer 29
;4. Determination of Contract by Contractor 3
35. Certificates and Payments 32
36. Wage and Price Variations 37
; C;Ii;téral )\g;eements E 39
38. Avoiding and Resolving Disputes 40

APPONDIX o
Permitted Wordings (under condition 23(e)) o s.

Text for Retention Bond(Conditional

Guarantee) Az
Supplement (Meaning of certain wordings in condition 36) 49

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part without the written permission of the RIAI. Purchase of the document does not give or imply any right or bcence to 4
reproduce copies or use the text. This document is soid in pairs. The Employer and Contractor are each permitted to make
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RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3* Print-run March 2020

ARTICLES OF AGREEMENT This form is applicable where Quantities form

part of the Contract

This agreement is made between the Employer:

of (or whose Registered Office is situated at)....

and the Contractor: ...........c.cccuviiinnians

of (or whose Registered Office is situated at)

Whereas the Employer is desirous of

(hereinafter called “the Works") at

and has caused drawings, specifications (hereinafter called “Contract Drawings, Specifications”), and
Bill of Quantities describing the work to be done to be prepared by or under the direction of

And whereas the Contractor has made an estimate of the sum which the Contractor will require
for carrying out the said Works as shown on the tender dated
and has furnished a Bill of Quantities fully priced in ink;
And Whereas the said Contract Drawings numbered*

and the said Contract Specification and the said priced Bill of Quantities have been signed by or
on behalf of the parties hereto:

'g‘memmg a schedule of drawings, ensure this is referred to here: such schedule to be signed and dated by or on behalf
partes.

The ownership and copynight of this document is exclusively that of the RIAL It may not be reproduced in whole or in
part without the written permission of the RIAL Purchase of the document does not give or imply any right or licence to
reproduce copies or use the text. This document is sold in pairs. The Employer and Contractor are each permitted to make
 RIAI CONSTRUCTION CONTRACT August 2017 Editon - 3 Print-run March 2020

Now It is Hereby Agreed as Follows:

For the consideration hereinafter mentioned the Contractor will upon and subject to the Conditions
annexed hereto execute and complete the Works shown upon the Contract Drawings and/or described in the
Specification and Conditions all of which together with this Agreement are hereinafter referred to as “the Contract
Documents”.

The Employer shall pay the Contractor the sum stated at line F in the Breakdown of Contract Sum below (hereinafter
referred to as the “Contract Sum” (deemed to be inclusive of VAT and inclusive of the price of the Performance Bond
(i provided for) or such other sum as shall become payable by virtue of the Conditions of Contract at the time and in
the manner specified in the said Conditions of Contract.

Line Ref. Breakdown of Contract Sum

A The Contract Sum less VAT and less the price
of the Performance Bond (if provided for)

m
VAT [ Insert rate (or rates) as appropriate ]
Amountof VAT @ 0% or VAT exempt

MINIA o
NS

Amount of VAT @ 13.5%, the Reduced rate

Amount of VAT @ 23%, the Standard rate
mio

Price of the Performance

Bond (if provided for)
[AddA+C+D+E=]
Contract Sum (deemed to mean including VAT and
-

™
including the price of the Performance Bond (if provided for))
[State in words]

The term “the Architect” in the said Conditions shall mean the said

Address
or, in the event of the Architect ceasing to be the Architect for the purpose of this Contract, such other person as shall
be nominated for that purpose by the Employer, not being a person to whom the Contractor shall object for reasons
considered to be sufficient by the Employer. Provided always that no person subsequently appointed to be Architect
under this Contract shall be entitled to disregard or overrule any certificate or instruction or decision or approval given
or expressed by the Architect for the time being.

The term “the Quantity Surveyor” in the said Conditions shall mean

Address X
Or, in the event of the Quantity Surveyor's ceasing to be the Quantity Surveyor for the purpose of this Contract, such
other person as shall be nominated for that purpose by the Employer or the Architect on the Employer's behalf, not
being a person to whom the Contractor shall object for reasons considered to be sufficient by the Employer.

As allowed under 510 of the Construction Contracts Act 2013 (CCA) all notices arising under the CCA
shall be delivered by registered post. Notwithstanding this, a payment claim notice under s4 of the CCA may be
delivered by the Contractor to the Architect by means of email to the email address stated in the Appendix with
effectiveness of delivery at the risk of the sender. Note: The Parties further agree that the Architect may notify the
Contractor of a change of email address after this agreement is made. s4 of the CCA provides for "another person
specified under the construction contract™; the Architect is the person referred to as “another person” specified under
this construction contract.
Adwisory Note (not part of contract text)) The Employer shall pay sums due under the contract 10 the Contractor 1o nclude VAT - unless
uymm-mclmmmuwmmvnmnumumnmmmnmmcm The parties should
ach obtain the advices of their respective Tax Advisors d in doubt prios to making this Agreement - or from time to time thereafter - as
10 the appropriate operation of appicable VAT provisions to their contract. The Employer shall pay to the Contractor - or to the Revenue
Commissioners
when required by law or their practice - any Value Added Tax arising. When invoxing the Employer, the Contractor shall 6
account for apphicable Valse Added Tax, at the statutory ratels)
RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3 Print-run March 2020

In witness whereof the parties hereto have signed (or the Common Seals of the parties hereto have
been affixed, or the Common Seal of the Employer has been affixed and the Contractor has signed, or the
Employer has signed and the Common Seal of the Contractor has been affixed hereto) on the day and year
stated below.

THE CONTRACTOR:
(if a person or partnership)
Name (Print)
Signature:
(Authorised
Partner if a Partnership)
(Names of Partners if a Partnership)
Date
of signing
Witness
to Signature
Address
(1f a Company) Name as registered
with CRO
Company
Reg. No.
CRO Registered Address

Company Seal
(1f contract is being executed under seal)

Director of Company | Name (Print)

Signature

Director
of Company | name (Print)
Signature
Date
of Signing | Day
THE EMPLOYER
(1f a person or partnership)
Name (Print)
Signature:
(Authorised
Partner if a Partnership)
(Names of Partners if a Partnership)

Date of signing
Witness to Signature
Address
(1f a Company) Name as registered with CRO
Company
Reg. No.
CRO Registered Address
Company Seal
(1f contract is being executed under seal)

Director
of Company | Name (Print)
Signature
Director of Company | Name (Print)
Signature
Date of signing | Day

The ownership and copyright of this document is exclusively that of the RIAL. it may not be reproduced in whole or in
part without the written permission of the RIAL Purchase of the document does not give or imply any right or licence to
reproduce copies or use the text. This document is sold in pairs. The Employer and Contractor are each permitted to make
 RIAI CONSTRUCTION CONTRACT August 2017 Edibon - 3* Print-run March 2020

CONDITIONS OF CONTRACT
1 Definitions

(a) For the purposes of these Conditions and of their application to any nominated sub-contract under Clause
16 or 17 the "Designated Date” shall in each case mean the date ten days prior to the latest date set for
the receipt of relevant tenders (whether the tenders be submitted by the Contractor, a Nominated
Sub-Contractor or a Nominated Supplier) or the latest revision of such date.
Where no date is set for the receipt of tenders the Designated Date for each tender shall mean the
date of its receipt.
(b) The “Designated Date” for the tender of the Contractor is that set out in the Appendix hereto.
Where in these Conditions any act, matter or thing is to be done in a stated period of working days the
following days shall not be counted, namely, Saturdays, Sundays, Statutory Holidays and Good Friday.
Holidays given by the Contractor to the Contractor’s employees pursuant to the conditions of any
Registered Employment Agreement shall not be counted as working days against the Contractor provided
always that the Contractor shall have given to the Employer 30 working days prior notice setting out such
dates by reference to the Registered Agreement by which they are authorised.
(<) With regard to the Contract Sum (entered on Line F in the Breakdown of Contract Sum at Article 2) ; in
the event that the applicable VAT rate (or rates) change arising from any legislative enactment, regulation,
rule, order or Revenue opinion or interpretation, or Court Order; such rate (or rates) change shall be
applied to the Contract Sum less VAT and less the price of the Performance Bond (if provided for) as
stated at Line A in the Breakdown of Contract Sum in Article 2. In the event of any miscalculation or error
in the calculation of the applicable VAT within the Contract Sum, the rectification of the miscalculation
or error shall be based on the Contract Sum less VAT and less the price of the Performance Bond (where
provided for in the Contract Sum) as stated at Line A in the Breakdown of Contract Sum in Article 2.
(d) References in this Agreement to execution and completion of the Works by the Contractor shall be
deemed to include compliance by the Builder (the Contractor) with the requirements of the Building
Regulations (where applicable) and the Building Control Regulations (where applicable) under the Building
Control Acts 1990 - 2007; and with the provisions of the Code of Practice for Inspecting and Certifying
Buildings and Works (CoP) published by the Department of Housing, Planning and Local Government (or
a successor) which is current at the "Designated Date” stated in the Appendix to this contract. Where
applicable, such references to the requirements of the Builder under the above Acts, Regulations and CoP
are deemed to be references to the obligations of the Contractor in this construction contract.
Where under this contract a notice is required to be delivered not later than a specified number of days
(e) after a particular date and the last of those days is a day which is a Saturday or Sunday or a public holiday
(within the meaning of the Organisation
of Working Time Act 1997), the notice shall be taken to be validly
delivered if delivered on the next day which is not such a day. This does not apply to notices under the
CCA - which are to be delivered in accordance with Article 5.

A Condition may be referred to as a “clause”

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not be reproduced in whole or in
part without the written permission of the RIAI. Purchase of the document does not gíve or imply any right or licence to 8
reproduce copies or use the text. This document 15 sold m pairs. The Employer and Contractor are each permitted to make
one coov or scan of the executed documents.
RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3+ Print-run March 2020

Scope of Contract

The Contractor shall carry out and complete the Works in accordance with the Contract Documents
and with the directions and to the reasonable satisfaction of the Architect who may in the Architect's
absolute discretion and from time to time issue further drawings, details and/or written or oral instructions
(hereinafter referred to as “Architect’s Instructions”) in regard to:

(a) the modification of the design, quality or quantity of the Works or the addition, omission or
substitution of any work (hereinafter referred to as “Variations”);
(b) any discrepancy in or between any of the Contract Documents;
() the removal from the site of any materials or goods brought thereon by the Contractor and the
substitution of any other materials or goods therefor;
(d) the opening up for inspection of any work covered up;
(e) the removal and/or re-execution of any works which in the Architect’s opinion are not in accordance
with the Contract;
(f) the postponement of any work to be executed under the provisions of this Contract;
(g) the dismissal from the Works of any person employed thereupon who may in the opinion of the
Architect be incompetent or guilty of misconduct;
(h) the amending and making good of any defects under Clause 31 of these Conditions;
(i) any other matters appertaining to the proper execution of this Contract.

The Contractor shall forthwith comply with and duly execute any work comprised in such Architect’s
Instructions.

If compliance with an Architect’s Instruction involves a Variation such Variation shall be dealt with under
Clause 13 of these Conditions and the value thereof shall be added to or deducted from the Contract Sum
as the case may be.

If compliance with an Architect’s Instruction will involve the Contractor in loss or expense beyond that
provided for in or reasonably contemplated by this Contract the Contractor shall so inform the Architect;
then, unless such Instruction was issued by reason of some breach of this Contract by the Contractor, the
amount of such loss or expense shall be ascertained by the Architect and be added to or deduced from the
Contract Sum.

If within five working days after receipt of a written notice from the Architect requiring compliance with
the Architect's Instructions the Contractor does not comply therewith the Employer may employ and pay
other persons to execute any work whatsoever which may be necessary to give effect to such Instructions
and all costs incurred in connection therewith shall be recoverable from the Contractor by the Employer
as a debt or may be deducted by the Employer from any money due or to become due to the Contractor
under this Contract.

The ownership and copyright of this document is exclusively that of the RIAL It may not be reproduced in whole or in
part without the written permission of the RIAL Purchaseof the document does not give or imply any right or licence to 9
reproduce copies or use the text. This document is soldin pairs. The Employer and Contractor are each permitted to make
 RIAI CONSTRUCTION CONTRACT August 2017 Edítion - 3% Print-run March 2020

Drawings, Specifications and Bill of Quantities

(a)' (i) If the Articles of Agreement provide for the inclusion of the Bill of Quantities as a Contract Document
the Contract Sum shall be deemed to provide for the quality and quantity of work set out in the
descriptions and quantities in the Bill. The Bill unless otherwise expressly stated shall be deemed to have
been prepared in accordance with the Method of Measurement of Building Works last before issued
or approved by the Society of Chartered Surveyors Ireland and the Construction Industry Federation
but save as aforesaid nothing contained in the said Bill shall override, modify or affect in any way
whatsoever the application or interpretation of that which is contained in these Conditions.

No error in description or quantity in the Bill of Quantities nor any omission of items therefrom shall vitiate
this Contract but such error or omission shall be rectified and the rectification treated as a Variation under
Clause 13 hereof.

When remeasurement is claimed by the Contractor under this Clause and the result in the opinion of the
Architect proves such remeasurement to have been in whole or in part unnecessary the Contractor shall
be liable for the fees involved by such part of the remeasurement as was in the opinion of the Architect
unnecessary. This stipulation shall not apply to Variations.
or
(ii) If the Articles of Agreement do not provide for the inclusion of the Bill of Quantities as a Contract
Document the Contract Sum shall be deemed to provide for the quantity and quality of work set
out in the Drawings and Specifications and the Contractor shall, before the signing of the Articles of
Agreement, furnish the Architect with a Schedule of Rates.

The Schedule of Rates shall be deemed to mean:

a copy of the fully priced and detailed estimate upon which the Contractor’s tender is based priced in ink,
or
where a Bill of Quantities is provided for tendering purposes the Rates therein contained.

The Bill of Quantities unless otherwise stated shall be deemed to have been prepared in accordance with
the Method of Measurement of Building Works last before issued or approved by the Society of Chartered
Surveyors Ireland and the Construction Industry Federation. Nothing contained in the Contractor's estimate
or the Bill of Quantities (except as a Schedule of Rates) shall confer rights or impose any obligations beyond
those conferred or imposed by the Contract Documents.

(b) The Contract Documents (together with the Schedule of Rates if supplied in accordance with the terms
of Section (ii) of sub-clause (a) of this clause) shall remain in the custody of the Architect and shall be

*n sub-clause 3(a) either Section (i) or Section (ii), but not both, will apply according to whether a Bill of Quantities is or 1s not
included as a Contract Document. Article No. 1 in the Artickes of Agreement indicates whether or not a Bill is so included.

The ownership and copyright of this document is exclusively that of the RIAL It may not be reproduced in wholeor in
part without the written permission of the RIAL Purchase of the document does not give or imply any right or licence to 10
reproduce copies or use the text, This document is sold in pairs. The Employer and Contractor are each permitted to make
one coov or scan of the executed documents.
RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3* Print-run March 2020

produced at the Architect’s office by the Architect during office hours when so required by the Contractor.
The Architect shall furnish to the Contractor one copy of the Articles of Agreement and the Conditions
of Contract, two copies of the Contract Drawings and Specification and, if a Bill of Quantities is provided,
two unpriced copies of the Bill, The Architect shall also furnish the Contractor with two copies of all further
drawings and instructions issued during the progress of the Works. All such drawings and documents shall
be supplied free of cost to the Contractor. Upon final payment to the Contractor, the Contractor shall
forthwith return all drawings to the Architect.

The Contractor shall keep one copy of all drawings and the Specification on the Works and the Architect
or the Architect’s representative shall at all reasonable times have access to them. The Contractor and the
Quantity Surveyor shall each be entitled to make one copy of the priced Bill of Quantities or Schedule of
Rates which copies shall remain in their custody.

The priced Bill of Quantities or the Schedule of Rates and all copies thereof shall be deemed to be the
property of the Contractor and shall be confidential. Neither the Architect, the Employer nor the Quantity
Surveyor shall divulge any information contained in such documents otherwise than for the purpose of this
Contract.

All documents the property of the Contractor shall be returned to the Contractor on request after the final
payment has been made.

Variations Arising from Legislative Enactments

Where after the Designated Date the cost of the performance of this Contract is increased or decreased as
the result of any legislative enactment, rule or order or the exercise by the Government of powers vested in
it, whether by way of the imposition of new duties or tariffs or the alteration of existing duties or tariffs or
the restriction of licences for the importation of any commodity, or by way of affecting the cost of labour
or otherwise, the amount of such increase or decrease as certified by the Architect shall be added to or
deducted from the Contract Sum as the case may be.

Contractor to Provide Everything Necessary

The Contractor shall provide everything necessary for the proper execution of the Works according to the
true intent and meaning of the Contract Documents taken together whether such intent and meaning may
or may not be particularly shown or described provided that they are reasonably to be inferred therefrom. If
the Contractor shall find any discrepancy in the Contract Documents, the Contractor shall immediately and
in writing refer it to the Architect who shall decide the course to be followed. Figured dimensions are to be
followed in preference to scaled dimensions.

The ownership and copyright of this document is exclusively that of the RIAL It may not be reproduced in whole or in
part without the written permission of the RIAI Woímoxumlmmlçwºiwwwwhlukmuo 1
reproduce copiesor use the text. This document is sold in pairs. The Employer and Contractor are each permitted to make
RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3º Print-run March 2020

Local and Other Authorities’ Fees

The Contractor shall pay and indemnify the Employer against liability in respect of any fees or charges
legally demandable under any Act of the Legislature, any Instrument Rule or Order made under any Act of
the Legislature and any Regulations and Bye-Laws of any Local Authority or Public Service Company relating
to the work and any fees and charges if not the responsibility of the Contractor or expressly included in the
Contract Sum by way of a Provisional Sum shall be added to the Contract Sum.

Setting out of Works

The Architect shall furnish to the Contractor either by way of fully dimensioned drawings or by personal
inspection and instructions at the time of setting out the Works such information as shall enable the
Contractor to set out the Works. The Contractor shall be responsible for and shall at the Contractor's own
cost amend any errors arising from the Contractor’s own inaccurate setting out unless the Architect shall
otherwise direct.

Materials and Workmanship to Conform to Description

All materials and workmanship, unless otherwise authorised by the Architect, shall be the best of the
respective kinds described in the Contract Documents and the Contractor shall upon the request of the
Architect furnish the Architect with vouchers to prove that the materials comply therewith. The Contractor
shall arrange for and/or carry out any test of any materials and/or workmanship which the Architect may in
writing require, tf no provision is made in the Contract Documents therefor by way of a Provisional Sum for
payment of fees and charges for the carrying out of such tests then such fees and charges shall be added
to the Contract Sum except where the test shows that the said materials and/or workmanship are not in
accordance with this Contract.

Work to be Openedup

The Contractor shall at the request of the Architect and within such times as the Architect shall name
open for inspection any work covered up and should the Contractor refuse or neglect to comply with such
request the Employer may employ other persons to open up such work. If the said work had been covered
up in contravention of an Architect’s Instruction or if on being opened up it be found not in accordance
with the Contract Documents or any Architect’s Instruction the expenses of opening it and covering it up
again, whether done by the Contractor or other such person(s) or entity, shall be borne by or be recoverable
from the Contractor or may be deducted from any money due or to become due to the Contractor.

The ownership and copyright of this document is exclusively that of the RIAL It may not be reproduced in wholeor in
part without the written permission of the RIAL Purchase of the document does not give or imply any right or licence to 12
reproduce copies or use the text. Thes document is sold in pairs. The Employer and Contractor are each permited to make
one conv or scan of the executed documents.
 RIAI CONSTRUCTION CONTRACT Avgust 2017 Edition - 3% Print-run March 2020

1f the work had not been covered up in contravention of an Architect’s Instruction and is found to be
in accordance with the said Contract Documents or with an Architect’s Instruction then the expenses
aforesaid shall be borne by the Employer and added to the Contract Sum provided always that in the case
of foundations or of any other urgent work so opened up and requiring immediate attention the Architect
shall, within a reasonable time after receipt of notice from the Contractor that the work has been opened
up, make the inspection or cause it to be made. At the expiration of such time if such inspection has not
been made the Contractor may cover up the said work and shall not be required to open it up again for
inspection except at the expense of the Employer.

10 Site Manager / Foreman

The Contractor shall constantly keep upon the Works a competent Site Manager / Foreman and any
instructions given to the Site Manager / Foreman by the Architect shall be deemed to be given to the
Contractor in pursuance of Clause 2 of these Conditions.

n Access for Architect to Works

The Architect and any person authorised by the Architect shall at all reasonable times have access to the
Works, the workshops of the Contractor or other places where work is being prepared for the Contract
works.

12 Clerk of Works

The Employer shall be entitled at any stage of the Works to appoint a Clerk of Works whose duty shall
be to act solely as Inspector under the direction of the Architect and the Contractor shall afford the Clerk
of Works every facility for the performance of that duty. The Contractor shall be notified before such
appointment is made. No Clerk of Works shall be employed on the Works to whom the Contractor shall
make objection for reasons which shall be considered sufficient by the Architect. The Clerk of Works shall
be paid by the Employer.

13 Ascertainment of Prices for Variations

No Variation shall vitiate this Contract. Any oral instructions, directions or explanations given by the
Architect upon the Works to the Contractor or his Foreman shall, if involving a Vanation, be confirmed in
writing by the Contractor to the Architect within five working days and if the Architect’s dissent therefrom
is not communicated by the Architect to the Contractor in writing within a further five working days shall
be deemed to be authorised in writing.

The ownership and copyright of this document is exclusively that of the RIAL It may not be reproduced
in whole or in
part without the written permission of the RIAI, Purchase of the document does not give or imply any right or licence to 13
reproduce copies or use the text. This document is sold in pairs. The Employer and Contractor are each permitted to make
RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3 Print-run March 2020

All Variations ordered or authorised by the Architect in writing or subsequently sanctioned by the Architect
in writing shall be measured and valued without undue delay by the Architect or the Quantity Surveyor
who shall give to the Contractor or the Contractor’s representative opportunity to be present with the
Architect or the Quantity Surveyor on the Works at the time and to take such notes and measurements as
the Contractor may require. The Contractor shall be supplied with a copy of the measured Bill of Variations
on or before the issue of the Architect’s certificate for payment in respect of such Variations and the
valuation thereof unless previously or otherwise agreed shall be made in accordance with the following
rules:

(a) the rates in the Bill of Quantities referred to in Section (i) of sub-clause 3(a) or the Schedule of Rates
mentioned in Section (i) of sub-clause 3(a) of these Conditions whichever applies to this Contract
shall determine the value of work carried out as a variation when such work is of a character similar to
that to which the aforesaid rates apply and is carried out under similar conditions. The aforesaid rates
shall also determine the value of any work omitted provided that if, in the opinion of the Architect,
such an omission varies the conditions under which any remaining items of work are carried out, such
remaining items shall also be deemed to be varied and shall be valued under rule (b) hereof:

(b) the said rates where Variations are not of a similar character or executed under similar conditions as
aforesaid shall be the basis of prices for the same so far as may be reasonable; failing which a fair
valuation thereof shall be made based upon rates for similar work in the locality current at the time
the Variations are executed;
(c) where in the opinion of the Architect variations cannot be property measured and valued in the
manner set out in rule (a) or rule (b) the Contractor shall be allowed daywork prices.
(i) at the rates if any in the Bill of Quantities referred to in Section (i) of sub-clause3(a)
or in the Schedule of Rates referred to in Section (ii) of sub-clause 3(a) as the case may be;
or
(ii) where no such rates have been inserted, at the rates in the Schedule of Daywork Charges agreed
between the Society of Chartered Surveyors Ireland and the Construction Industry Federation and
approved by the Royal Institute of the Architects of Ireland and current at the time the work is
carried out;
(iii) where the work has been executed by a member of a sub-contracting trade, at the rates agreed
between the said Society and the appropriate body representing the sub-contracting trade and
approved by the Royal Institute of the Architects of Ireland or, where no rates have been agreed,
at the rates set out in Section (ii) of this rule.
Vouchers specifying the time for each day (and if required by the Architect the names of the
workpersons) and the materials used shall be delivered for verification to the Architect or the
Architect’s authorised representative at or before the end of the week following that in which
the work has been executed.

The ownership and copyright of this document is exclusively that of the RIAL It may not be reproduced in whole or in
part without the written permission of the RIAI Purchase of the document does not give or imply any right or licence to 14
reproduce copies or use the text. This document is sold in pairs.
The Employer and Contractor
are each permitted to make
ane conv
or sean of the executed documents.
 RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3º Print-run March 2020

14 Omissions

(a) Where a Variation by way of omission is, as compared with the Works included in the Contract, of a
character so extensive that, in the opinion of the Architect, the Contractor has sustained a loss by reason
of, prior to the notification to the Contractor of such variation, having properly incurred expenses which,
in consequence of the Variation have become wholly or in part unnecessary, there shall be added to
the Contract Sum a sum to be ascertained by the Architect as being in all the circumstances reasonable
compensation for such loss.

(b) If, through variations and omissions, the final measurement shows a credit on the Contract Sum the
Contractor shall be entitled to an allowance of 10% of that credit. Adjustments arising from P.C. Sums,
Provisional Sums, Provisional Work, Contingency Sums or any additions or deductions permitted under
Clause 36 shall not be taken into account in arriving at the credit on which the allowance is based.

15 Assignment or Sub-letting

Neither the Employer nor the Contractor shall without the written consent of the other assign this
Contract. The Contractor shall not without the written consent of the Architect sub-let any portion of the
Works.

16 Nominated Sub-Contractors

Where provision is made in the Contract Documents for work to be executed on site and/or materials or
goods to be supplied and fixed by a firm to be selected by the Architect such firm is hereby declared to be
a Nominated Sub-Contractor employed by the Contractor.

(a) no Nominated Sub-Contractor shall be employed upon or in connection with the Works against whom
the Contractor shall make reasonable objection or (save where the Architect and Contractor shall
otherwise agree) who will not enter into a sub-contract which shall indemnify the Contractor against
the same obligations in respect of the sub-contract as those for which the Contractor is liable in
respect of this Contract;

(b) the sums directed by the Architect to be paid to Nominated Sub-Contractors for work, materials or
goods comprised in the sub-contracts shall be paid by the Contractor within five working days of
receipt of payment on the Architect’s certificate for the value of such work, materials or goods less only
any retention money which the Contractor may be entitled to deduct;

The ownership and copyright of this document is exclusively that of the RIAL it may not be reproduced in whole of in
part without the written permission of the RIAI, Purchase of the document does not give or imply any right or licence to 15
reproduce copies or use the text. This document is soldin pairs. The Employer and Contractor are each permitted to make
 RIAI CONSTRUCTION CONTRACT August 2017 Edaion - 3% Print-run March 2020

(c) before any certificate is issued to the Contractor, the Contractor shall if requested by the Architect
furnish to the Architect reasonable proof that all Nominated Sub-Contractors’ accounts included
in previous certificates have been duly discharged, in default whereof the Employer may pay such
accounts upon a certificate of the Architect and deduct the amount so paid from any sums due or to
become due to the Contractor;

(d) if the Architect desires to secure final payment to any Nominated Sub-Contractor before final
payment is due to the Contractor and if such Nominated Sub-Contractor has satisfactorily
indemnified the Contractor against any latent defects then the Architect may in a certificate under
Clause 35 of these Conditions include an amount to cover the said final payment and the Contractor
shall forthwith upon receipt of payment on such certificate pay to such Nominated Sub-Contractor
the full amount so certified whereupon the “Limit of Retention Fund” named in the Appendix hereto
shall be reduced in proportion to the amount so certified and the Contractor shall be discharged
from all liability for the work or materials covered by such certificate except for any latent defects;

(e) neither the existence nor the exercise of the foregoing powers nor anything else contained in these
Conditions (subject to Clause 37) shall render the Employer in any way liable to any Nominated
Sub-Contractor and (subject to Clause 25) the Contractor shall be responsible to the Employer for
the execution of the said work and/or the supply and fixing of the said materials or goods. Provided
always that if the Contractor determines the employment of the Nominated Sub-Contractor in
accordance with the provisions of the sub-contract then another sub-contractor (who shall be
selected by the Architect and employed by the Contractor as a Nominated Sub-Contractor in
accordance with the provisions of this Clause) shall, unless otherwise agreed, be appointed to
complete the sub-contract work. In such a case, unless the determination is subsequently set aside as
a result of litigation or arbitration, the Contractor shall not be liable for any increase in the cost of the
sub-contract work that may arise by reason of the necessity to have the work so completed.

17 Nominated Suppliers

Where provision is made in the Contract Documents for materials or goods for the Works to be supplied
by a firm to be selected by the Architect such firm is hereby declared to be a Nominated Supplier.

18 Provisional Sums

Sums, items or quantities marked "Provisional” included in the Contract Documents shall be at the entire
disposal of the Architect and shall be expended in whole or in part as the Architect may direct.
If the Architect’s Instructions under this Clause involve the employment of Nominated Sub-Contractors or

The ownership and copyright of this document is exclusively that of the RIAI. It may not be reproduced in whole or in
part without the written permission of the RIAL Purchaseof the document does not give or imply any right or licence to 16
reproduce copies or use the text. This document is sold in pairs. The Employer and Contractor are each permitted to make
one copy or scan of the executed documents.
 RIAI CONSTRUCTION CONTRACT August 2017 Edition - 39 Print-run March 2020

Nominated Suppliers then the amounts expended shall be treated as if they were Prime Cost Sums (Clause
19). If compliance with the Architect’s Instructions under this Clause involves work by the Contractor it shall
be valued in accordance with Clause 13 of these Conditions.

19 Prime Cost Sums

(a) Sums or rates included in the Contract Documents and marked “Prime Cost” or “P.C." are provisions to
meet payments by the Contractor to Nominated Sub-Contractors or Nominated Suppliers. Such payments
shall be net of any commission or trade or other discount.

(b) Payments as aforesaid shall be made only in accordance with the directions of the Architect as to the work
to be executed by the Nominated Sub-Contractors or the goods to be supplied by the Nominated Suppliers,
the firms to which the payments are to be made and the amounts to be paid. If any amount so authorised
and properly paid is more or less than the relevant Prime Cost or PC. sum or rate included in the Contract
Documents the difference shall be added to or deducted from the Contract Sum as the case may be.

20 Independent Contractors, Artists and Tradesmen

Provided that no objection is made by the Contractor, the Employer may engage independent contractors,
artists, tradesmen or others to carry out work not specified in the Contract. The cost of such work shall be
paid by the Employer who shall indemnify the Contractor against all claims whatsoever arising from the
employment of such specialists etc, their servants and agents made against the Contractor. The Contractor
shall in all circumstances be entitled to payment for attendance and use of plant.

21A Liability and Indemnity for Damage to Persons and to Property

(i) Subject to sub-clauses (ii) and (iif) of this Clause and except for such loss, damage or expense as is at
the risk of the Employer under Clauses 20, 26 or 32(A) and 32(B) (where applicable) the Contractor shall
be liable for and shall indemnify the Employer against any liability, loss, claim or proceedings whatsoever
arising under statue or common law in respect of:
(a) any loss of or damage or injury whatsoever to any property real or personal;
and
(b) any personal injury to or disease contracted by or death of any person whomsoever, insofar as
any such loss, damage, injury, disease or death arises out of or in the course of or by reason of the
execution of the Works and provided that such loss, damage, injury, disease or death is due
to the negligence, omission, default or breach of statutory duty to the Contractor, its servants
or agents or any sub-contractor, its servants or agents.

The ownership and copyright of this document is exclusively that of the RIAI, It may not be reproduced in whole or in
part without the written permission of the RIAL Purchase of the document does not give or imply any right or licence to 17
reproduce copies of use the text. This document is sold in pairs. The Employer and Contractor are each permitted 10 make
 RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3 Print-run March 2020

(ii)Notwithstanding the provisions of sub-clause (i) of this Clause the Contractor shall not be required to
indemnify the Employer in respect of any damage, injury or death to the extent that such loss, damage,
injury, disease or death is due to the negligence, omission, default or breach of statutory duty by the
Employer, the Employer's servants or agents or any person for whom the Employer is responsible
(including persons employed or otherwise engaged by the Employer to whom Clause 20 refers or
persons who may have use, occupation or possession of the whole or part of the Works with the
consent of the Employer subsequent to the issue of a Possession Certificate pursuant to Clause 32(A)).

(iiii) The reference in sub-clause (i) (a) of this Clause to “property real or personal” does not include the
Works (or any part) or the Ancillary Items up to and including the date of Practical Completion as
certified by the Architect or up to and including the date of determination of the employment of the
Contractor under this Contract, whichever is the earlier. Provided however if Clause 32(A) has been
operated then the Relevant Part from the date of the Possession Certificate shall not be regarded as the
Works (or part thereof).

21B Insurance Against Damage to Persons and Property

(i)® Subject to and in accordance with Clause 23, the Contractor shall take out before commencing
the Works and maintain until the issue of the Final Certificate or eighteen months after Practical
Completion, whichever is the earlier, insurances including but not limited to Public Liability, Employer's
Liability and Motor Insurance covering any liability, loss, claim or proceedings in respect of the matters
referred to in Clause 21A. Provided however that if the Contractor is required to return to the Works,
for whatever reason, after the issue of the Final Certificate or more than eighteen months after
Practical Completion, the Contractor shall take out and maintain for the period that it remains on or
about the Works the insurances as set out above.
or
(ii) (a) Subject to and in accordance with Clause 23, the Employer shall take out before commencing
the Works and maintain until the issue of the Final Certificate or eighteen months after Practical
Completion, whichever is the earlier, Public Liability insurance covering any liability, loss, claim
or proceedings in respect of the matters referred to in Clause 21A other than in relation to any
personal injury to or disease contracted by or death of any employee of the Contractor, its sub-
contractors, servants or agents or in relation to liability, loss, claim or proceedings required to be
covered under the Motor Insurance policy to be maintained by the Contractor pursuant to sub-
clause(iiXb) of this Clause.

? The Employer is advised to arrange appropriate Public Liability insurance cover against the consequences of any loss, damage,
injury, disease or death, due to the neghgence, omission, default or breach of statutory duty by the E
? Strike out sub-clause 218() or (i) as required; should neither be struck out, sub-clause 21B() is deemed to apply.

The ownership and copynght of this document is exclusively that of the RIAL. It may not be reproduced in whole or in
part without the written permission of the RIAI. Purchase of the document does not give or imply any right or cence to 18
reproduce copies or use the text. This document is sold in pairs. The Employer and Contractor are each permitted to make
one copy or scan of the executed documents.
 RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3" Print-run March 2020

(b) Subject to and in accordance with Clause 23, the Contractor shall take out before commencing
the Works and maintain until the issue of the Final Certificate or eighteen months after Practical
Completion, whichever is the earlier, Employer’s Liability insurance covering any liability, loss,
claim or proceedings relating to any employee of the Contractor and Motor Insurance covering
any liability, loss, claim or proceedings in respect of the matters referred to in sub-clause
(ii) (a) of this Clause. Provided however that if the Contractor is required to return to the Works,
for whatever reason, after the issue of the Final Certificate or more than eighteen months after Practical
Completion, the Contractor shall take out and maintain for the period that it remains on or about the
Works all the insurances set out in sub-clauses (ii) (a) and (b) of this Clause.

(c) Without prejudice to the Contractor's liability at Common Law or by statute sub-clauses
(ii)(a) and (b) of this Clause shall not apply to any liability, loss, claim or proceedings which arise
otherwise than in connection with an accident or fall within an exclusion permitted by Clause 23(d)
paragraph (i) or (ii) (as relevant) and which is not covered by an Employer's Liability or Public Liability
insurance policy of the Contractor.

22 AllRisks Insurance

(a) ~Ancillary Items” shall in this Clause and Clauses 21(A), 21(B), 23, 24, 25 and 30 mean temporary works
and all unfixed materials and goods delivered to and placed on or adjacent to and intended for the Works
except temporary buildings, plant, tools or equipment owned or hired by the Contractor or any sub-
contractor.

(b) (i)* Subject to and in accordance with Clause 23, the Contractor shall before commencing the Works take
out and shall until Practical Completion of the Works is certified by the Architect maintain All Risks
insurance covering any loss or damage to or destruction of the Works and Ancillary Items from any
cause whatsoever for the full value of the Works including a provision for:
(a) the percentage for Professional Fees and the Cost of Site Clearance stated in the Appendix; and
(b) value added tax, if the Employer is not registered for value added tax and not in a position to
reclaim value added tax paid in respect of the Works,
Further the Contractor shall maintain All Risks insurance covering any loss or damage to or
destruction of the Works and Ancillary Items during the Defects Liability Period which:
(i) arises from a cause which occurred prior to the commencement of the Defects Liability Period; or
(i) if caused by the Contractor in the normal course of any operations carried out by the Contractor
for the purpose of complying with the Contractor’s obligations during the Defects Liability Period.

* Strike out sub-clause 22(b)i) or (b) (i) as required; should neither be struck out, sub-clause 22(bXi) is deemed to apply.

The ownership and copyright of this document is exclusively that of the RIAI, It may not be reproduced
in whole of in
part without the written permission of the RIAI. Purchase of the document does not give or imply any right or licence to 19
reproduce copies or use the text. This document is sold in pairs. The Employer and Contractor are each permitted to make
 RIAI CONSTRUCTION CONTRACT August 2017 Editon - 3% Print-run March 2020

or
(ii) Subject to and in accordance with Clause 23 the Employer shall before commencement of the
Works take out and shall until Practical Completion of the Works is certified by the Architect
maintain All Risks insurance covering any loss or damage to or destruction of the Works and
Ancillary Items from any cause whatsoever for the full value of the works including a provision for:
(a) the percentage for Professional Fees and the Cost of Site Clearance stated in the Appendix; and
(b) value added tax, if the Employer is not registered for value added tax and not in a position to
reclaim value added tax paid in respect of the Works.
Further, the Employer shall maintain All Risks insurance covering any loss or damage to or
destruction of the Works and Ancillary Items during the Defects Liability Period which:
(i) arises from a cause which occurred prior to the commencement of the Defects Liability Period; or
(ii) if caused by the Contractor in the normal course of any operations carmed out by the Contractor for
the purpose of complying with the Contractor’s obligations during the Defects Liability Period.

(c) The Contractor shall proceed with due diligence to make good any loss or damage to or destruction of the Works
or the Ancillary Items resulting from the occurrence of any risk required to be insured by sub-clause (b) of this
Clause subject
to the following provisions:

(i) The monies received under the All Risks insurance policy (less the portion included to cover Professional
Fees which shall be paid to the Employer) shall be paid into a bank account in the joint names of the
Contractor and Employer. The monies shall be paid out to the Contractor by installments under certificates
of the Architect related to the proportion of the work done and materials and goods delivered upon the
site for making good the loss, damage or destruction. In respect of such payments sub-clauses 35(a) and (b)
shall apply mutatis mutandis and without any deduction of any amount to be retained by the Employer.
(ii) Where the Contractor is required to maintain the All Risks insurance pursuant to sub-clause
22(b){i) the Contractor shall not be entitled to any payment in respect of the rebuilding, repair
or replacement of the Works or Ancillary Items destroyed or damaged other than the money
received (plus any interest earned thereon) under the All Risks insurance policy.
(iii) Where the Employer is required to maintain All Risks insurance pursuant to sub-clause 22(b)(ii)
and in the event of the monies received under the All Risks insurance policy not being adequate
to provide for the full reinstatement cost of the Works the Employer shall pay the amount of any
shortfall to the Contractor on foot of Architect's certificates of the value of work done and/or
materials supplied (less the amounts previously paid).
(iv) Where as a result of any variation by the Employer of the Works a balance remains in the said
account after completion of making good by the Contractor as required by the Employer
the balance shall be paid to the Employer together with the interest earned on that balance.

The ownership and copyrigl hlollhsdommml5exduw!°0{lhaxollhem,nnuyno(bempmd\xeduwmleonn

part without the written permission of the RIAL Purchase of the document does not give or imply any right or licence to 20
reproduce copies of use the text. This document sold in pairs. The Employer and Contractor are each permitted to make
one coov
or scan of the executed documents.
 RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3º Print-run March 2020

23 Insurance Policies

(a) The Contractor’s policies under Clauses 21(A), 21(B) and 22 shall be with insurers approved by the
Employer, which approval shall not be unreasonably withheld. Where applicable, the Employer's policies
under sub-clauses 2 1(B)ii)(a) or 22(b)ii) shall be with insurers approved by the Contractor, which approval
shall not be unreasonably withheld.

(b) The All Risks insurance policy under Clause 22 shall be in the joint names of the Contractor and the
Employer.

(<) The Contractor shall comply (insofar as it is within its competence to do so in regard to impositions laid
down under insurance policies) with all conditions in any policy or policies of insurance under Clauses
21(A), 21(B) or 22. Where the Public Liability and/or All Risks insurance is maintained by the Employer,
the Employer shall comply with all conditions of the said policies.

(d) The policies of insurance under Clauses 21(A), 21(B) and 22 may contain only the exclusions from cover
summarised below, worded as specified in sub-clause 23(e):
(i) Employer's Liability
“Liability in excess of the sum stated in the Appendix to these Conditions of Contract for
any one event”
“Limited war risks”
“Offshore work"
“Liability compulsorily insurable under Road Traffic Acts”
(ii) Public Liability
“Liability in excess of the sum stated in the Appendix to these Conditions of Contract for any
one event”
“War risks"
“Radioactive contamination / nuclear explosion”
“Sonic boom”
“Persons under a contract of service or apprenticeship with the Insured”
“Property belonging to the Insured or in the Insured’s custody and control with exceptions”
“Defective workmanship and materials but not damage resulting therefrom”
“Mechanically propelled vehicles to which the Road Traffic Acts apply”
“Loss or damage due to design”
“Pollution or contamination”
“Territorial limits”

The ownership and copyright of this document is exclusively that of the RIAL It may not be reproducedin whole or in
part without the written permission of the RIAL Purchase of the document does not give or imply any right or licence to 21
reproduce
copies or use the text. This document is sold
in pairs. The Employer and Contractor
are each permitted
to make
 RIAI CONSTRUCTION CONTRACT August 2017 Edition - 37 Print-run March 2020

"Loss or damage due to use, occupation or possession by or on behalf of the Employer”

"Acts of Terrorism”
“Pollution or contamination from asbestos found in new buildings”
(iii)All Risks
"War risks”
“Radioactive contamination / nuclear explosion”
"Sonic boom*
“Loss or damage due to design”
“Defective workmanship and materials but not damage resulting therefrom”
“Wear and Tear”
“Consequential losses"
“Limited mechanically propelled vehicles”
“Loss or damage due to use, occupation or possession by or on behalf of the Employer”
“Inventory losses”
“Acts of Terrorism”
“Pollution or contamination from asbestos found in new buildings”

(e) The Royal Institute of the Architects of Ireland; following consultation with the Construction Industry
Federation and following consultation with the Society of Chartered Surveyors Ireland, may publish from
time to time permitted wordings of the exclusions from insurance cover permitted by sub-clause 23(d) and
this Clause shall take effect as if the permitted wording of the authorised exclusions at the Designated
Date were set out in sub-clause 23(d).

(f) Each party shall before commencing the Works produce to the other party for inspection any policy or
policies of insurance required to be maintained by it by Clauses 21(B) and 22 together with the receipt in
respect of premiums paid under such policy or policies and should either party make default in insuring or
maintaining insurance the other party may recover a sum equal to the amount paid in respect of premiums
as a contract debt from the defaulting party and may set off such debt against any other payment which
may be due under this Contract to the defaulting party.

24 Damage due to Excluded Risks

The following provisions shall apply to any loss, damage to or destruction of the Works or Ancillary Items
from any risk which the Contractor or the Employer (as the case may be) is permitted to exclude by Clause
23 and is excluded from the All Risks insurance other than design within Clause 25 (without prejudice
to any liability of the Contractor to the Employer for the extent of the negligence of the Contractor, its
servants or agents);

The ownership and copynght of this document is exclusively that of the RIAL It may not be reproduced in whole or in
part without the written permission of the RIAI, Purchase of the document does not give or imply any right or icence to 22
reproduce copies or use the text. This document is sold in pairs. The Employer and Contractor are each permitied to make
one coov or scan of the executed documents.
 RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3" Print-run March 2020

(a) Subject to sub-clause 22(c)iii) the occurrence of such loss, damage or destruction shall be disregarded in
computing any amounts payable to the Contractor under this Contract.

(b) (i) If itis just and equitable to do so the employment of the Contractor under this Contract may, within
20 (twenty) working days of the occurrence of such loss, damage or destruction, be determined at
the option of either party by notice sent to the other by registered post or recorded delivery to the
principal place of business or last known address of the other party. Within (but not after) 5 (five)
working days of receiving such notice either party may give to the other a written request to concur
in the appointment of an arbitrator under Clause 38 in order that it may be determined whether such
determination will be just and equitable,
(ii) upon the expiration of 7 (seven) days of receipt of a notice of determination or, where reference to
arbitration is made, upon the arbitrator upholding the notice of determination, the provisions of sub-
clause 34(b) except sub-paragraph (v) shall apply.

If no notice of determination is served, or where a reference to arbitration is made, if the arbitrator does
not uphold the notice of determination, then:

(c) (i) the Contractor with due diligence shall reinstate or make good such loss or damage and proceed with
the carrying out and completion of the Works:
(ii) the reinstatement and making good of such loss or damage to the Works or Ancillary Items and (when
required) the removal and disposal of debris shall be deemed to be a variation ordered by the Architect.

25 Damage due to Design

Notwithstanding sub-clause 23(d)iii) and Clause 24 the Contractor shall proceed with due diligence to
repair, rebuild or make good at its own expense any loss or damage to or destruction of the Works or
Ancillary Items due to any fault, defect, error or omission in design by the Contractor, its servants or agents
(including sub-contractors and suppliers, other than Nominated Sub-Contractors or Nominated Suppliers
and/or their servants or agents). The Contractor shall not be responsible to the Employer for any error or
omission in :
(a) any design provided to the Contractor by the Employer, its servants or agents; or
(b) design prepared by any Nominated Sub-Contractor or any Nominated Supplier

The ownership and copyright of this document is exclusively that of the RIAI, t may not be reproduced in whole or in
part without the written permission of the RIAI. Purchase of the document does not give or imply any right or licence to 23
reproduce copies or use the text. This document is sold in pairs. The Employer and Contractor are each permitted to make
 RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3º Print-tun March 2020

26 Responsibility for Existing Structures

(a) Subject to sub-clause (b) of this Clause, where the Works involve the alteration or extension of existing
structures, then:
(i) all existing structures,
(ii) together with the contents of the existing structures, shall be at the sole risk of the Employer as regards
loss or damage caused by the undernoted perils (as defined in a standard policy of insurance in the
insurance market):
e fire, storm, tempest, flood; or
+ bursting or overflowing of water tanks apparatus or pipes; or
* explosion, impact, aircraft; or
e riot, civil commotion or malicious damage

(b) Where the contents of the existing structures are not the property of the Employer (or an associated or
subsidiary company of the Employer), the Contractor shall indemnify the Employer (or an associated or
subsidiary company of the Employer) against any liability which the Employer (or an associated or subsidiary
company of the Employer) may incur to third parties by reason of any loss or damage to the said contents
caused by the negligence, omission or default of the Contractor up to an amount equivalent to the
Minimum Sum for Public Liability insurance stated in the Appendix but shall have no liability for any greater
amount.

(c) The Employer shall maintain from the commencement of the Works until completion by the Contractor
of the Works (including the making good of defects) under this Contract a proper policy of insurance
against the said risks as referred to in sub-clause (a) of this Clause and such policy shall include, subject to
sub-clause (b) of this Clause, a waiver of all rights of subrogation against the Contractor and/or its sub-
contractors. The Employer shall before commencement of the Works produce such policy to the Contractor
with the receipt for the last premium paid for its renewal and should the Employer make default in insuring
or maintaining insurance the Contractor may itself insure against any risk with respect to which the default
shall have occurred and for that purpose shall have such right of entry and inspection as may be required
to make a survey and inventory of the existing structures and contents and shall, upon production of the
receipt for any premium paid by it be entitled to have such amount added to the Contract Sum. If any loss
or damage shall be caused to the existing structures by any of the said risks then the terms of sub-clause
24(b) shall apply.

(d) Further, the Employer shall have no right to recover from the Contractor any consequential loss howsoever
and whatsoever incurred by it consequent on the occurrence of any of the perils referred to in this clause.

The ownership and copyright of this document is exclusively that of the RIAL It may not be reproduced in wholeo in
part without the written permission of the RIAI. Purchase of the document does not give or imply any right or licence to 24
reproduce copies or use the text. This document is sold in pairs. The Employer and Contractor are each permitted to make
one copy or scan of the executed documents.
 RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3* Print-run March 2020

(e) If, after the issue by the Architect of the Certificate of Practical Completion, the Contractor is requested
to carry out varied or additional works, the provisions of sub-clauses (a) and (b) of this Clause shall apply
mutatis mutandis as if the Works referred to in the said Certificate of Practical Completion are existing
structures and the varied or additional works are alterations or extensions to such existing structures.

() For the purposes of this Clause, “existing structures” shall mean

* all and/or any parts of a structure or building on, under, over or adjoining which the Works are to
be constructed; or
all and/or any parts of a structure or building which gives structural support to such structure or
building; or
structures or buildings which are owned (whether in fee simple or under lease) by the Employer (or
an associated or subsidiary company of the Employer) or for which the Employer (or an associated
or subsidiary company of the Employer) is responsible.

27 War Damage

No liability shall attach to the Contractor under this Contract for any damage to the Works or unfixed
materials caused by war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil
war, civil commotion, rebellion, revolution, insurrection or military or usurped power.

Dates for Possession and Completion

Possession of the site (or Phased Possession) shall be given to the Contractor on or before the “Date for
Possession” (or Dates for Phased Possession) stated in the Appendix. The Contractor shall thereupon begin
the Works, regularly proceed with and complete same (except such painting, papering or other decorative
work as the Architect may instruct the Contractor to delay) on or before the “Date for Completion” stated
in the Appendix subject nevertheless to the provisions for extension of time hereinafter contained. If the
“Date for Possession” is deferred by the Employer then the Contractor shall be entitled to receive from the
Employer compensation for any loss incurred due to dislocation of the Contractor’s organisation and any
time lost from this cause shall be ascertained and certified by the Architect.

The ownership and copyright of this document is exclusively that of the RIAI. It may not be reproduced in whole or in
part without the written permission of the RIAI, Purchase of the document does not give or imply any right or licence to 25
reproduce copies or use the text. This document is sold in pairs. The Employer and Contractor are each permitted to make
 RIAI CONSTRUCTION CONTRACT August 2017 EGmion - 3 Print-run March 2020

29 Damages for Non Completion

(a) 1f the Contractor fails to practically complete the Works by the Date for Completion stated in the Appendix
or within any extended time under Clause 28 or 30 of these Conditions and the Architect certifies in
writing, on simultaneous notice to the Employer and the Contractor, that in the Architect's opinion the
same ought reasonably so to have been completed the Contractor shall pay or allow to the Employer the
sum named and at the rate stated in the Appendix as “Liquidated and Ascertained Damages” for the
period during which the said Works shall so remain or have remained incomplete and the Employer may
deduct such damages from any money due or to become due to the Contractor under this Contract.

(b) If any act or default of the Employer delays progress of the Works then the Contractor shall within five
working days of the act or default give notice in writing to the Architect to this effect and any time lost
from this cause shall be ascertained and certified by the Architect and the Employer shall pay or allow to
the Contractor such damages as the Contractor shall have incurred by the delay.

30 Delay and Extension of Time

If in the opinion of the Architect the Works be delayed:

(a) by force majeure; or
(b) because possession of the site was not given to the Contractor in accordance with the terms of
Clause 28; or
(c) by reason of any exceptionally inclement weather; or
(d) by reason of loss or damage to the Works Ancillary Items which is covered by Clauses 21(A) to
26 inclusive of these Conditions; or
(e) by reasons of civil commotion, local combination of workmen, strike or lockout affecting any of
the trades employed upon the Works; or
(f) by reason of any Architect’s Instructions given in pursuance of Clause 2 of these Conditions;
(g) because the Contractor has not received in due time necessary instructions from the
Architect for which the Contractor has specifically applied in writing; or
(h) because the Contractor or any Nominated Sub-Contractor or Nominated Supplier has been
unable for reasons beyond the control of the Contractor (or of the Sub-Contractor or Supplier as
the case may be) to secure such labour and materials as may be essential to the proper execution
of the Works; or
(i) by delay on the part of other contractors, artists or tradesman engaged by the Employer in
executing work not forming part of this Contract; or
() by reason of any act or default of the Employer causing delay in the progress of the Works
as provided for in Clause 29(b);

The ownership and copyright of this document is exclusively that of the RIAI, It may not be reproduced in wholeor in
part without the written permission of the RIAI, Purchaseof the document does not give or imply any right or licence to 26
reproduce copies or use the text. This document is sold in pairs. The Employer and Contractor are each permitted to make
one coov or scan of the executed documents.
 RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3+ Print-run March 2020

then in any such case the Architect shall, as soon as it is possible for the Architect to do so, make a fair and
reasonable extension of time for completion of the Works. Upon the happening of any such event causing
delay the Contractor shall immediately give notice thereof in writing to the Architect but the Contractor
shall nevertheless use constantly the Contractor’s best endeavours to prevent delay and to proceed with
the Works. In determining what extension of time (if any) is fair and reasonable under paragraph (d)
for loss or damage to the Works or Ancillary Items the Architect shall have regard in particular to any
negligence, omission or default of the Contractor which caused or contributed thereto.

31 Practical Completion and Defects Liability

When in the opinion of the Architect the Works are Practically Complete the Architect shall forthwith issue
a certificate to that effect and Practical Completion of the Works shall be deemed for all the purposes of
this Contract to have taken place on the day named in such certificate,

“Practical Completion* means that the Works have been carried to such a stage that they can be taken
over and used by the Employer for their intended purpose and that any items of work or supply then
outstanding or any defects then patent are of a trivial nature only and are such that their completion or
rectification does not interfere with or interrupt such use.

“The Defects Liability Period” stated in the Appendix hereto shall commence on the day after the date of
Practical Completion named in the aforesaid Architect’s certificate.

Any defects, shrinkage or other faults which appear before the expiration of the Defects Liability Period
which are in the opinion of the Architect due to materials or workmanship not in accordance with the
Contract shall within a reasonable time after receipt of the Architect's written instructions be made good
by the Contractor and (unless the Architect shall otherwise decide) at the Contractor’s own cost. The
Architect may issue such written instructions from time to time during the Defects Liability Period and in
any event shall issue a final list of defects not later than twenty working days after the expiration of the
Defects Liability Period.

32A Partial or Phased Possession

If at any time or times before Practical Completion of the Works the Contractor consents to the taking into
possession of any part or parts of the Works (“the Relevant Part”) either by way of partial possession or
by way of phased possession in accordance with the Contract Documents by or on behalf of the Employer
then;

(i) atleast 3 (three) days prior to such taking of possession by or on behalf of the Employer, the Architect
shall issue a certificate (“the Possession Certificate”) describing the Relevant Part and certifying the

The ownership and copyright of this document is exclusively that of the RIAL It may not be reproduced in whole or in
part without the written permission of the RIAI, Purchase of the document does not give or imply any right or licence to 27
reproduce copies or use the text. This document is sold in pairs. The Employer and Contractor are each permitted 10 make
one copy or scan of the executed documents.
 RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3* Print-run March 2020

Architect’s estimate of the percentage which the value of the Relevant Part as at the date of
possession bears to the value of the Works including variations instructed or authorised by the
Architect (“the Percentage”);
(i) without prejudice to sub-clause 23(d) and clause 32(B) the Relevant Part and contents thereof
shall as from 2 (two) days after the date of the Possession Certificate be at the sole risk of the
Employer as regards any of the contingencies required to be insured under sub-clause 22(b) (i) or
(ii) and the reinstatement cost of the Works to be insured under sub-clause 22(b) shall be reduced
by the Relevant Percentage;
(iii) any such sum to be paid or allowed by the Contractor under Clause 29 in respect of any period
during which the Works may remain incomplete after the date of the Possession Certificate shall
be reduced by the Relevant Percentage;
(iv) when in the opinion of the Architect the Relevant Part is practically complete the Architect
shall forthwith issue a certificate to that effect and the Defects Liability Period in respect of the
Relevant Part shall commence on the day after the date of Practical Completion named in the
Certificate;
(v) when in the opinion of the Architect any defects, shrinkages or other faults in the Relevant Part
which the Architect may have required to be made good under Clause 31 shall have been made
good the Architect shall issue a certificate to that effect;
(vi) the Employer shall pay to the Contractor one half of the Relevant Percentage of the sum then
retained under Clause 35 and the sum named in the Appendix as the Limit of Retention Fund
shall be reduced by one half of the Relevant Percentage;
(vii) 10 (ten) working days after the date of the Certificate of Practical Completion
of the relevant part; and
(viii) again on the expiration of the Defects Liability Period in respect of the Relevant Part or the
issuing of the Certificate of Completion of making good the defects in respect of the Relevant
Part, whichever is the later.

32B° Damage due to Use, Occupation or Possession by the Employer

If any damage loss or destruction shall occur to the Works or Ancillary items which is not effectively
insured by the All Risks insurance policy under sub-clause 22(b) (i) or (i) by reason of the use, occupation
or possession of the whole or any part of the Works by or on behalf of the Employer, including the
independent contractors, tradespersons or others appointed by the Employer (other than by the
Contractor, the Contractors, servants or agents) which renders the policy void or voidable, sub-clauses
24(a) and (b) shall apply whether or not such use, occupation or possession is permitted under Clauses

SBefore using, occupying or taking possession of any part of the Wors for any purpose, however temporary of trvial, of appointing, pursuant
10 the provisions of Clause 20, any independent contractor, artist, tradesperson or others the Employer should ensure that full insurance
cover remains in force for any loss or damage to or destruction of the Works or Ancillary ftems and also that the Employer wil be insured
for any injury or damage caused by such use etc. The Employer shoud make certain that the necessary cover i provided eher through the
Contractor’s policy, with an necessary adustment agreed with the Contractor' insurers, or by special polícies taken out by the Employer.

The ownership and copyright of this document is exclusively that of the RIAL It may not be reproduced in whole or in
part without the written permission of the RIAI. Purchase of the document does not give or imply any right or licence to 28
reproduce copiesof use the text. This document is sold in pairs. The Employer and Contractor are each permitted to make
 RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3% Pant-run March 2020

20 or 32(A) of the Contract or is with the consent of the Contractor, and the Employer shall have no
claim against the Contractor for such damage, loss or destruction whether or not due to any negligence,
omission, default or breach of statutory duty of the Contractor, Sub-Contractors (of any tier) or their
servants or agents.

33 Determination of Contract by Employer

(a) If the Contractor shall make default in any of the following respects viz:
(i) without reasonable cause shall wholly suspend the Works before completion;
(ii) shall fail to proceed with the Works with reasonable diligence;
(iii) shall refuse or persistently neglect to comply with a notice in writing from the Architect
requiring the Contractor to remove defective work or improper materials;
(iv) shall fail to execute the Works in accordance with the Contract or shall in the opinion of
the Architect be in serious breach of the Contractor’s obligations under the Contract;

then, if such default shall continue for ten working days after a notice by registered post or by letter
delivered to the Contractor specifying the default has been given to the Contractor by the Architect,
the Employer may, without prejudice to any other rights or remedies, thereupon and at latest within ten
working days by notice by registered post or letter delivered to the Contractor determine the employment
of the Contractor under this Contract; provided that notice in pursuance of this Clause shall not be
given unreasonably or vexatiously and shall be void if the Employer is at the time of the notice in serious
breach of this Contract. After such notice to the Contractor from the Architect shall have been given the
Contractor shall not be at liberty to remove from the site or Works or from any ground contiguous thereto
any plant, materials or goods belonging to the Contractor which shall have been placed thereon for the
purpose of the Works and the Employer shall have a lien upon all such plant, materials or goods, to subsist
from the date of such notice being given until the notice shall have been complied with. Provided always
that such lien shall not under any circumstances subsist after the expiration of one calendar month from
the date of such notice being given unless the Employer shall have entered upon and taken possession
of the Works and site; and provided also that such lien shall not apply to any plant, materials or goods
belonging to any sub-contractor unless the value thereof shall have been included in a certificate of which
the Contractor has received payment.

(b) If the Contractor commits an Act of Bankruptcy or being a company enters into Liquidation whether
compulsory or voluntary (except Liquidation for the purpose of reconstruction) or if a Receiver is appointed
or if a petition to appoint an Examiner is presented to the High Court the Employer without prejudice to
any other rights herein contained may send by registered post or have delivered to the Contractor a written
notice determining the employment of the Contractor under this Contract

The ownership and copyright of this document is exclusively that of the RIAL it may not be reproduced in whole or in
part without the written permission of the RIAI, Purchase of the document does not give or imply any right or licence to 29
reproduce copies or use the text. This document is sold in pairs. The Employer and Contractor are each permitted to make
one copy or scan of the executed documents.
 RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3 Pr-run March 2020

(<) In either of the above cases () or (b) the following shall apply, viz:
(0] the Employer may employ and pay a contractor or other person or persons to carry out and
complete the Works and the Employer or such other person or persons may enter upon the
site and use all materials or goods, temporary buildings, plant and appliances thereon and
may purchase all materials necessary for the purpose aforesaid,
(i) the Contractor shall if so required by the Employer or Architect assign to the Employer without
further payment the benefit of any contract for the supply of materials and/or Works intended for
use under this Contract or for the execution of any Works and the Employer shall pay the agreed
price (if unpaid) for such materials or works supplied or executed after the said determination;
(i) the Contractor shall during the executionor after completion of the Works under this Clause as
and when required remove from the site the Contractor's temporary buildings, plant, appliances
and any materials within such reasonable time as the Architect may specify in a written notice
to the Contractor and in default the Employer may (without being responsible for any loss or
damage) remove and sell the same holding the proceeds less all costs incurred to the credit of the
Contractor;
(iv) until after completion of the work under this Clause no payment shall be made to the Contractor
under this Contract provided that upon completion as aforesaid and the verification within a
reasonable time of the accounts therefor, the Architect shall certify the amount of expenses
properly incurred by the Employer and if such amount added to the money paid to the Contractor
before such determination exceeds the total amount which would have been payable on due
completion the difference shall be a debt payable to the Employer by the Contractor and if the said
amount added to the said money be less than the said total amount the difference shall be a debt
payable to the Contractor by the Employer.

(d) Protection of Site

(@ When the Architect has issued a notice by registered post or by letter delivered to the Contractor
specifying the default as provided for in sub-clause (a) or the Employer determines the employment
of the Contractor as provided for in sub-clause (b) of this clause and if in the reasonable opinion
of the Architect adequate site security to ensure protection of the Works and any materials placed
on the site for the purpose of the Works has not already been provided the Employer may without
prejudice to any other rights or remedies forthwith proceed to provide such site security.
(ii) The cost of the provision by the Employer of such site security shall be paid by the Contractor or
deducted from any money that becomes cue to the Contractor or treated as a debt payable by
the Contractor to the Employer save only that the Contractor shall not be liable for the cost of any
security personnel or any other recurring cost for a period of more than one calendar month from
the date of the aforesaid notice or determmnation.

The ownership and copyright of this docurnent is exclusively that of the RIAI. i may not be reproduced in whole or in
part without the written permission of the RIAL Purchase of the document does not give or imply any right or lcence to 30
reproduce copes of usg?hg)zf\;fpsdpcuvpmlssoldmmv The Employer and Contractor are each permitted to make
 RIAI CONSTRUCTION CONTRACT March 2020
August 2017 Edtion - 3+ Prnt-run

Determination of Contract by Contractor

(a) If the Employer does not pay the Contractor within the period for honouring certificates named in Clause
35(b) the Contractor after five working days notice to the Employer may suspend the Works for a period
of ten working days and upon the expiry of this period unless payment shall have been made in the
meantime may determine the Contractor's own employment under this Contract as from the date of such
expiry. When work is suspended under this provision the time for completion shall be extended by two
working days for each working day of such suspension.

(b) 1f the Employer commits an Act of Bankruptcy or being a company enters into Liquidation whether
compulsory or voluntary (except Liquidation for the purpose of reconstruction) or if a Receiver is appointed
or if a petition to appoint an Examiner is presented to the High Court the Contractor without prejudice to
any other rights herein contained may send by registered post or have delivered to the Employer a written
notice determining the employment of the Contractor under this Contract.

Upon such determination under this provision then without prejudice to the accrued rights of
either party their respective rights and liabilities shall be as follows:

The Contractor shall thereupon with all reasonable dispatch remove from the site all of the Contractor's
goods, machinery and plant and shall also give facility for the Contractor’s sub-contractors so to do.
The Contractor shall thereupon be paid by the Employer:
(i) the Contract value of the work completed at the date of such determination as aforesaid subject to
the provisions of Clause 13 of these Conditions;
(ii) the value of work commenced and executed but not completed at the date of such determination,
the value being ascertained mutatis mutandis in accordance with the provisions of Clause 13
of these Conditions;
(iii) the cost of materials or goods properly ordered and delivered for the Works actually paid for by the
Contractor or of which the Contractor is legally bound to accept delivery and on such costs being
paid by the Employer such materials or goods shall become the Employer's sole property,
(iv) the reasonable cost of removal as above provided; and
(v) any loss or damage caused to the Contractor owing to such determination as aforesaid.

Provided that in addition to all other remedies the Contractor upon the said determination may take
possession of and shall have a lien upon all unfixed materials and goods intended for the Works which
may have become the property of the Employer under this Contract until payment of all money due to
the Contractor from the Employer.

The ownership and copyright of this document is exclusively that of the RIAL It may not be reproduced in whole or in
part without the written permission of the RIAI. Purchase of the document does not give or imply any right o licence to 31
reproduce copies or use the text. This document is sold in pairs. The Employer and Contractor are each permitted to make
one copy or scan of the executed documents.
 RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3 Print-run March 2020

35 Certificates and Payments

(a) () Upon issue of the letter of intent or the signing of the Contract, whichever is the earlier, the Employer
shall pay an amount equal to two months average payments (calculated as the tender sum divided by
the number of months in the contract period multiplied by two) into an account (hereinafter called the
“Guarantee Account”) in the joint names of the Employer and the Contractor at the Bank named in
the Appendix hereto.

The amount lodged in the "Guarantee Account” together with any interest accrued shall be used to
pay the Contractor on presentation to the Bank of the Architect’s last interim and final certificates or
any unpaid interim certificate pursuant to Clause 34(b). The surplus or the deficit of the “Guarantee
Account” following payment to the Contractor shall accrue to or be suffered by the Employer.

Where money is paid into an account as provided above, the Bank shall be instructed that it is a
“Guarantee Account” under Clause 35 of the RIAI Conditions of Contract and that disbursements
shall be made to either party to the account only on the certificate of the Architect authorising
such disbursements. The signature of neither the Employer nor the Contractor is necessary
for such disbursements.
or alternatively®
(ii) The Employer shall provide a certificate from the Employer’s Bank which will confirm that sufficient
funds will be available to the Employer to mest the cash flow of the development and guarantee
payment of any Architect’s certificate presented by the Contractor which remains unpaid after the
expiry of the period stipulated for honouring certificates.

(b) Within one calendar month of the actual date of possession of the site (or the actual date of possession of
part of the site if provided for in this contract) and thereafter at the period of Interim Certificates named
in the Appendix, the Contractor shall (subject to Clause 16(c) of these Conditions) on production of a
detailed progress statement (which may include a payment claim notice under s4 of the CCA ) be entitled
to receive in five working days unless otherwise stated in the Appendix a certificate from the Architect of
the amount due to the Contractor from the Employer, which certificate shall include any amounts allowed
in respect of sub-contracts and the Architect shall specify and show separately the amount (if any) allowed
in respect of each Nominated Sub-Contractor. Each certificate shall be honoured by the Employer within
seven working days of presentation of same to the Employer by the Contractor. If the amount certified

*Clause 35(b) applies unless it is struck out and itialed as such by the signatories. Where Clause 35(2)is to apply, strike out
either 35(a)(i) or 35(a)i) &s required; should neither be struck out, sub-clause 35(a)u) is deemed to apply.

Note: This note s not part of the Condition. For the avoidance of doubt and to ensure the effectveness of an s4 CCA
payment claim notice included in any progress statement andor documents, such sá notice should as a matter of good
practiceclearly state that it is a payment claim notice issued under Section 4 of the CCA (or any amendment to the CCA).

The ownership and copyright of this document is exclusively that of the RIAL It may not be reproduced in whole or in
part without the written permission of the RIAI. Purchase of the document does not give or imply any right or licence to 32
reproduce copies of use the text. This document is sold in paus. The Employer and Contractor are each permitted to make
 RIAI CONSTRUCTION CONTRACT August 2017 Edtion - 3” Print-run March 2020

differs from the progress statement submitted by the Contractor, the Architect shall give the Contractor an
explanation specifying the reason or reasons for the difference and the basis on which the amount certified
for payment is calculated.

() The amount stated as due in an Interim Certificate shall be the total value of the work duly executed and
of materials and goods delivered upon the site of the Works for use thereon up to the date upon which
the Contractor shall have applied for the said certificate less an amount to be retained by the Employer (as
hereinafter provided) and less any installments previously certified under this Clause. Provided that such
certificate shall include only the value of the said materials and goods as and from such time as they are, in
the opinion of the Architect, reasonably, properly and not prematurely brought to or placed on the site of
the Works and only if adequately stored and/or protected against weather or other casualties.

(d) The amount stated as due on an Interim Certificate may at the discretion of the Architect include the value
of any materials or goods before delivery thereof to the site of the Works provided that:
(i) such materials or goods are intended for inclusion in the Works;
(i) nothing remains to be done to such materials or goods to complete the same up to the point of their
incorporation in the Works;
(i) such materials or goods have been and are set apart at the premises where they have been
manufactured or assembled or are stored and furthermore have been clearly and visibly marked
individually or in sets eitherby letters or figures or by reference to a predetermined code so as to
identify:
(a) where they are stored on premises of the Contractor, the Employer and in other cases the
person to whose order they are held, and
(b) their destination as being the Works;
(iv) where such materials or goods were ordered from a supplier by the Contractor or a sub-contractor
the contract for the supply is in writing and expressly provides that the property therein shall pass
unconditionally to the Contractor or the sub-contractor (as the case may be) not later than the
happening of the events set out in sections (ii) and (iii) of this sub-clause;
(v) where such materials or goods were ordered from a supplier by a sub-contractor the relevant
sub-contract is in writing and expressly provides that, on the property in such materials or goods
passing to a sub-contractor, the same shall immediately thereon pass to the Contractor;
(vi) where such materials or goods were manufactured or assembled by a sub-contractor the sub-
contract is in writing and expressly provides that the property in such materials or goods shall pass
unconditionally to the Contractor not later than the happening of the events set out in sections (il) and
(iii) of this sub-clause;

Note: This note is not part of the Condition For the avoidance of doubt and to ensure the effectiveness of an sá CCA payment claim notice
included in any progress statement and/or documents, such s4 notice should as a matter of good practice early state that it 1 a payment
claim notice issued under Section 4 of the CCA (or any amendment to the CCA).

The ownership and copyright of this document is exclusively that of the RIAI. it may not be reproduced in whole or in
part without the written permission of the RIAL Purchase of the document does not give or imply any right o licence to 33
reproduce copies or use the text. This document is sold in pairs. The Employer and Contractor are each permitted to make
one copv or scan of the executed documents.
 RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3+ Print-run March 2020

(vii) the materials or goods are in accordance with this Contract and that insurance cover, in a form and
with insurers satisfactory to the Employer, has been put in place by the Contractor in respect of any
damage to or loss of such materials or goods; and
(viii) the Contractor furnishes to the Architect reasonable proof that the property in such materials or
goods is vested in the Contractor and that the appropriate conditions set out in sections (i) to (vii) of
this sub-clause have been complied with.

Where in any certificate (of which the Contractor has received payment) the Architect has included the
value of any unfixed materials or goods intended for the Works such materials or goods shall become
the property of the Employer and they shall not be removed except for use upon the Works without the
authority of the Architect in writing, but the Contractor shall remain responsible for loss or damage to
them and for the cost of the storage, handling and insurance of the same until such time as they are
delivered to the Works.

(e) The amount to be retained by the Employer (the *Retention Fund”) shall be such percentage of the value
of the work and materials as aforesaid as is named in the Appendix as “Percentage of Certified Value
Retained.” The total amount to be retained shall not exceed the sum named in the Appendix as “Limit of
Retention Fund”, if such limit obtains.

After the total amount retained has reached the sum named in the Appendix as “Limit of Retention Fund”
the full value of works and materials as aforesaid shall be certified by the Architect.

( (1) After the issue of the Certificate of Practical Completion the Contractor shall provide a retention bond
issued by a bonding agency, approved by the Architect, which approval shall not be unreasonably
withheld, in the format attached to these Conditions and the Architect shall, upon receipt of the bond,
issue an Interim Certificate releasing the retention fund in full.

[) (2)'The amount retained by virtue of sub-clause (e} of this Clause shall be dealt with in the following
manner:

() as and when such amount is so retained it shall be held upon trust by the Employer for the
Contractor without obligation to invest subject to the right of the Employer to have recourse
thereto from time to time for payment of any amount which the Employer is entitled under the
provisions of this Contract to deduct from any sum due or to become due to the Contractor;
(ii) when the Architect certifies that the Works are Practically Complete, the Architect shall at the same
time issue a Certificate for Payment of one moiety of the total amount then so retained and the
Contractor shall be entitled to payment thereof within the period for honouring certificates;

7 Strike out sub-clause 35(1)2)

or 35(g) as required, should neither be struck out sub-clause 350)(2) is deemed to apply.

The ownership and copyright of this document is exclusivelythat of the RIAL It may not be reproduced
in whole or in
part without the written permission of the RIAL Purchase of the document does not giveor imply any right or licence to 34
modo(t copies o use the text .'!'ª document is sold in pairs. The Employer and Contractor are each permitted to make
 RIAI CONSTRUCTION CONTRACT August 2017 Edition - 37 Prnt-run March 2020

(iiii) the residue of the amount then so retained shall be included in the Final Certificate as described
in sub-clause (i) of this Clause.

(g)’ The amount retained by virtue of sub-clause (e) of this Clause shall be dealt with in the following manner:

As and when such amount is so retained the Architect shall on the application of the Contractor certify
payment of the amount and the Employer shall forthwith pay such amount into an account (hereinafter
called the “Joint Account”) in the joint names of the Employer and the Contractor at the Bank named in
the Appendix hereto.

The amount so retained and paid into the "Joint Account” shall be placed on deposit at interest or
otherwise dealt with as may be agreed between the Employer and the Contractor and the Employer shall
stand possessed thereof upon the trusts following, that is to say:
(i) as and when such amount is so retained the principal and all accrued interest or property
representing the same in accordance with any dealing agreed between the parties as aforesaid
(hereinafter called the “Joint Account Retention Fund”) shall be held upon trust by the Employer for
the Contractor subject to the right of the Employer to have recourse thereto from time to time for
payment of any amount which is stated to be a debt payable by the Contractor to the Employer or
to which the Employer is entitled under the provisions (or for breach) of this Contract to deduct from
any sum due or to become due to the Contractor;
(i) on the issue of the Certificate of Practical Completion the Architect shall authorise forthwith the
release of one moiety of the “Joint Account Retention Fund”;
(iii) the release of the residue of the “Joint Account Retention Fund” shall be authorised by the
Architect on the issue of the Final Certificate and the amount retained as aforesaid and paid by
the Employer into the Joint Account shall be included in the sum paid to the Contractor for the
purpose of Section (i) of sub-clause (i) of this Clause to the intent that the interest included in and
any alteration in value of the “Joint Account Retention Fund” shall accrue to or be suffered by the
Contractor.

The residue of the amount then so retained and not paid into the Joint Account shall be included in the
Final Certificate as described in sub-clause (i) of this Clause.

Provided always that if the Contractor shall duly determine this Contract the “Joint Account Retention
Fund” shall be held upon trust for the Contractor and shall forthwith be paid to the Contractor (subject as
aforesaid).

7 Strike out sub-clause 35(1N2) or 35(g) s required; should neither be struck out sub-clause 35(9)(2) is deemed 10 apply.

The ownership and copyright of this document s exclusively that of the RIAI it may not be reproduced in wholeor in
part without the written permission of the RIAL Purchase of the document does not give or imply any right of licence to 35
reproduce copies or use the text. This document is soldin pairs. The Employer and Contractor are each permitted to make
one copy or scanof the executed documents
 RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3% Print-run March 2020

Where money is paid into a Joint Account as provided above, the Bank shall be instructed that it is a
Joint Account under Clause 35 (g) of the RIAI Conditions of Contract and that disbursements from this
account shall be made to either party to the account only on the certificate of the Architect authorising
such disbursements. The signature of neither the Employer nor the Contractor is necessary for such
disbursements.

(h) (i) Within three calendar months of the date of Practical Completion of the Works the Contractor shall
furnish the Architect with all documents necessary for the purposes of the computations required
by these Conditions including those relating to the accounts of Nominated Sub Contractors and
Nominated Suppliers.

(ii) No Contractor’s documents other than those furnished in accordance with Section (i) of this sub-
clause shall be taken into consideration by the Architect in the computation of the amount of the
Final Certificate save in circumstances which are adjudged by the Architect to be exceptional or
save for any additional documents which the Architect may at any time seek from the Contractor.

(iii) On compliance by the Contractor with the requirement of Section (i) of this sub-clause the
measurement and valuation of the Works shall proceed and shall be completed within the Period of
Final Measurement stated in the Appendix of these Conditions and the Contractor shall be supplied
with a copy of the priced bills of variations not later than the end of the said period and before the
issue of the Final Certificate.

(iv) When due to exceptional circumstances the Contractor does not furnish the documents as required
by Section (i) of this sub-clause the Architect at his discretion may extend the period for furnishing the
said documents and any such extension shall also apply to the Period of Final Measurement and to
the date for the issue of the Final Certificate.

0} So soon as is practicable but before the expiration of ten working days from the end of the Defects
Liability Period stated in the Appendix to these Conditions or from completion of making good defects
under Clause 31 of these Conditions or from the completion of all items of work or supply outstanding at
Practical Completion (see Clause 31) or from the Period of Final Measurement referred to in Section (iii) of
sub-clause (h) of this Clause whichever is the latest, the Architect shall give notice to the Contractor and
the Employer of the Architect's intention to issue the Final Certificate and unless the Architect receives
notice of arbitration within ten working days or such other period as may be stated in the Appendix from
the Employer or Contractor, the Architect shall issue the Final Certificate. The Final Certificate shall state:

(i) the sum of the amounts certified for payment under Interim Certificates and the amount of the moiety
of the retention money certified at time of Practical Completion;
The ownership and copyright of this document is exclusively that of the RIAL It may not be reproduced in wholeor in
part without the written permission of the RIAL Purchase of the document does not give or imply any right or licence to 36
reproduce copies or use the text. This document is sold in pairs. The Employer and Contractor are each permitted to make
 RIAI CONSTRUCTION CONTRACT August 2017 Editon - 3% Print-run March 2020

(ii) the Contract Sum adjusted as necessary in accordance with the terms of these Conditions;
(iiii) the difference (if any) between the two sums expressed as a balance due to the Contractor from
the Employer or to the Employer from the Contractor as the case may be. Subject to any deductions
authorised by these Conditions the said balance shall be, as from the tenth working day after the
issue of the said Final Certificate, a debt payable as the case may be by the Employer to the Contractor
or by the Contractor to the Employer.

() The said Final Certificate shall be conclusive in any proceedings arising out of this Contract (whether by
arbitration under Clause 38 of these Conditions or otherwise) that the Works have been properly carried
out and completed in accordance with the terms of this Contract and that any necessary effect has been
given to all terms of this Contract which require an adjustment to be made to the Contract Sum, except
and insofar as any sum mentioned in the said Final Certificate is erroneous by reason of:

(i) fraud, dishonesty or fraudulent concealment relating to the Works or any part thereof or to any matter
dealt with in the said Final Certificate; or
(i) any defect (including any omission) in the Works or any part thereof which reasonable inspection or
examination at any reasonable time during the carrying out of the Works or before the issue of the said
Final Certificate would not have disclosed.

(k) Save as aforesaid no certificate of the Architect shall of itself be conclusive evidence that any works,
materials or goods to which it relates are in accordance with this Contract.

o If the Architect fails to issue a Final Certificate in accordance with sub-clause (i) of this Clause then the
Contractor shall be entitled to charge to the Employer interest on the amount of the Final Certificate at the
current AA bank rate of interest on overdrafts until such time as the Final Certificate is issued.

(m) If the Employer does not pay to the Contractor any amount certified within the period stipulated for
payment thereof the Contractor may, without prejudice to other rights and remedies, after seven working
days from the latest date on which the certificate should have been honoured be entitled to charge interest
to the Employer on the amount outstanding in respect of such certificate at the current AA bank rate of
interest on overdrafts until such time as payment is made by the Employer.

Wage and Price Variations

(@) For the purpose of this clause:

(i) the Contract Sum shall be deemed to have been calculated in the manner set out below and
shall be subject to adjustment in the events specified hereunder;

The ownership and copyright of this document is exclusively that of the RIAL It may not be reproduced in wholeor in
part without the written permission of the RIAL Purchase of the document does not give or imply any right or licence to 37
reproduce copies or use the text. This document is sold in pairs. The Employer and Contractor are each permitted to make
one copy or scan of the executed documents.
 RIAI CONSTRUCTION CONTRACT August 2017 Edition - 37 Print-run March 2020

(ii) the Royal Institute of the Architects of Ireland, following consultation with the Construction Industry
Federation and following consultation with the Society of Chartered Surveyors Ireland, may publish
from time to time a Supplement to these Conditions setting out the meanings to be given to certain
wordings of this Clause.
The meanings contained in the Supplement last issued before the Designated Date shall take effect as if
they were incorporated in this Clause and shall not be changed during the currency of the Contract.

(b) The prices contained in the Bill of Quantities or Schedule of Rates referred to in Clause 3 of these
Conditions are deemed to be based upon:
() the rates of wages and other emoluments and expenses payable by the Contractor at the Designated
Date to Employees engaged upon or in connection with the Works;
(ii) such labour on-costs as are necessarily payable in addition thereto by the Contractor as an employer
of labour at the Designated Date.
(iii) the cost of Public Liability insurance, Employer’s Liability insurances and Contractor’s All Risk insurances
at the Designated Date.

If the said rates of wages and other emoluments, expenses and/or labour on-costs are increased or
decreased after the Designated Date the amount of such increases or decreases of such rates of wages,
other emoluments, expenses and/or labour on-costs shall be an addition to or a deduction from the
Contract Sum as the case may be and shall be paid to or allowed by the Contractor accordingly.

1f the said cost of insurances are increased or decreased after the Designated Date the amount of such
increases or decreases of such cost shall be an addition to or a deduction from the Contract Sum as the
case may be and shall be paid to or allowed by the Contractor accordingly.

() (i) The prices of the materials or goods necessary for the execution of the Works are deemed to be the
market prices current at the Designated Date (hereinafter referred to as “the basic prices”) and the
Contractor shall, if required, submit to the Architect a list of the basic prices of such materials or
goods;
(ii) If during the progress of the Works the market price of any of the materials or goods specified as
aforesaid varies from the basic price thereof then the difference between the basic price and the
market price payable by the Contractor and current when any such goods or materials are invoiced to
the Contractor shall be an addition to or a deduction from the Contract Sum as the case may be and
shall be paid to or allowed by the Contractor accordingly;
(iii) The contractor shall undertake to order expeditiously the materials or goods required for the Works
but before doing so the Contractor shall if required submit the prices to be paid for such materials or
goods to the Architect.

The ownership and copyright of l!isdo(mmluexdwv:l{mofihekw, It may not be reproduced in whole or in

part without the written permission of the RIAI, Purchase of the document does not give or imply any right or licence to 38
reproduce copies or use the ten!h-s docmnl 15 sold in pairs. The Employer and Contractor are each permitted to make
 RIAI CONSTRUCTION CONTRACT August 2017 Edtion - 39 Print-run March 2020

(d) (i) The prices of Contractor's plant and equipment necessary for the execution of the Works are deemed
to be the market prices current at the Designated Date (hereinafter referred to as “the basic prices”)
and the Contractor shall, if required, submit to the Architect a list of the basic cost of such plant and
equipment.
(ii) If during the progress of the Works the market price of any of the plant and equipment specified
as aforesaid varies from the basic price thereof then the difference between the basic price and the
market price payable by the Contractor and current when any such goods or materials are invoiced to
the Contractor shall be an addition to or a deduction from the Contract Sum as the case may be and
shall be paid to or allowed by the Contractor accordingly.

(e) The Contractor shall within a reasonable time of the Contractor first becoming aware of any substantial
increase in the price of any of the materials or goods necessary for the execution of the Works of any
substantial increase or the price of plant and equipment or any substantial increase in the sub-contract
prices for any portion of the Works sub-let give written notice thereof to the Architect.

(f) The Contractor may include in any progress statement as provided for by Clause 35(b) of these conditions
(or alternatively as part of the documentation to be furnished by the Contractor pursuant to Section
(i) of sub-clause 35(h)) a detailed statement of any increases or decreases in the rates of wages, other
emoluments, expenses, insurances and/or Labour on-costs as defined in sub-clause (b) of this Clause, in the
prices of materials or goods necessary for the execution of the Works, in the price of plant and equipment
or in the price of any sub-contracts for any portion of the Works.

When the Architect is satisfied as to the correctness of the said statement such increases and/or such
decreases shall be taken into account pursuant to Clause 35(c) in the next certificate for payment to which
the Contractor may be entitled.

(g) The foregoing provisions for this Clause shall not apply to work measured and valued at Daywork Prices in
accordance with Clause 13(c).

(h) The foregoing provisions of this Clause shall not apply to making good defects under Clause 31.

(i) The foregoing provisions of this Clause shall apply also to any sub-contract for any portion of the Works.

37 Collateral Agreements

Collateral Agreements in the standard form published by the Royal Institute of the Architects of Ireland;
following consultation with the Construction Industry Federation and following consultation with the

The ownership and copyright of this document is exclusively that of the RIAL It may not be reproduced in whole or in
part without the written permission of the RIAI. Purchase of the document does not give or imply any right or licence to 39
reproduce copies or use the text. This document
is sold in pairs. The Employer and Contractor are each permitted to make
one conv or scan of the executed documents.
 RIAI CONSTRUCTION CONTRACT August 2017 Edition - 39 Print-run March 2020

Society of Chartered Surveyors Ireland, and current at the “Designated Date” have been or may be
executed between the Employer and Nominated Sub-Contractors. The terms of these Conditions are
deemed to be amended and supplemented in all respects necessary to entitle the Employer vis-a-vis the
Contractor to give effect to the terms of such Collateral Agreements.

38 Avoiding and Resolving Disputes

(a) Conciliation:

(i) Should any dispute arise in relation to this contract - and it is not resolved by negotiation - the parties
should enter into Conciliation to resolve such dispute before recourse to statutory Adjudication or
Arbitration.

(ii) Either party may commence Conciliation by sending a written Request for Conciliation to the other
party, setting out a brief outline of that party’s issues and concerns and an indication of the reliefs
and/or remedies sought. The provisions in the RIAI Conciliation Guidelines and Procedures document
current at the designated date shall apply.

(iii) f the parties are not able to agree on the appointment of a Conciliator, then either party may apply
in writing to the RIAI requesting the nomination of a Conciliator by the President of the RIAI (or a
Vice-President if the President is not available).

(b) Arbitration:

(i) Should any dispute arise in relation to this contract, either party shall refer such dispute to Arbitration
and the place of such Arbitration shall be Ireland.

(i) Either party may commence Arbitration by delivering a written Notice of Arbitration to the
other party. Such notice shall set out a brief outline of the dispute and an indication of the
reliefs and/or remedies sought.

(iii) If the parties are not able to agree on the appointment of an Arbitrator, then either party shall
apply in writing to the RIAI requesting the appointment of an Arbitrator by the President of the RIAI
(or a Vice-President if the President is not available).

The ownership and copyright of this document is exclusively that of the RIAL It may not be reproduced in wholeor in
part without the written permission of the RIAI, Purchase of the document does not give or imply any right or licence to 40
reproduce copies or use the text. This document is sold in pairs. The Employer and Contractor are each permitted to make
 RIAI CONSTRUCTION CONTRACT August 2017 Edition - 37 Print-run March 2020

Conciliation under Condition 38(a):

The parties are referred to the RIAI Conciliation Guidelines & Procedures (CGP) document current at the
Designated Date.

The parties to this contract are deemed to have agreed to the following provisions with regard to such
Conciliator's Recommendation should the conciliation proceed to the stage that a Recommendation is
delivered to each party:

(A) With the consent of the parties to do so and having; a) advised on an indicative period of time to write
the Conciliator's Recommendation (the Recommendation) and b) had confirmation from each party of
the email addresses and postal addresses to which the Recommendation is to be sent, the Conciliator
will write the Recommendation and send the Recommendation to the parties; 1) by simultaneous
email to the parties' email addresses provided and 2) by post (recorded postal delivery) simultaneously
to the parties’ postal addresses provided within one working day of the date that the email referred to
at 1) was sent.

(8) If neither party rejects the Recommendation in writing within 10 working days beginning on the
working day after the sending of the Recommendation by post (recorded postal delivery), the
Recommendation shall be deemed to be agreed as a legally binding and enforceable settlement
agreement between the parties, in full and final settlement of the issues as referred to and determined
by the Conciliator in the Recommendation.

(O) If a party decides to reject the Conciliator's Recommendation, that party may reject the
Recommendation by sending a written notice of rejection to the other party within 10 working days
beginning on the working day after the Recommendation was sent as provided for at (A) above.
A written notice of rejection is deemed to have been served if it has been sent to the other party;
a) by email to the other party's email address to which the Recommendation was sent and b) by post
(recorded postal delivery) to the other party’s address to which the Recommendation was sent - within
one working day of the date that the email referred to at a) was sent.

(D) In the case of the sending of a notice of rejection of the Recommendation as provided for at (c) above,
the Conciliator’s Recommendation is deemed to be of no legal effect and the parties are not bound by
its terms.

The ownership and copyright of this document is exclusively that of the RIAL It may not be reproduced in whole of in
part without the written permission of the RIAI, Purchase of the document does not give or imply any right or licence to 41
reproduce copies or use the text. This document is soldin paírs. The Employer and Contractorare each permitted to make
one copy or scan of the executed documents.
 RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3% Print-run March 2020

APPENDIX
Designated Date
A payment claim notice under s4 of the CCA
may be delivered by the Contractor to the
Architect by means of email to this email
address. (Note: The Architect may notify the
Contractor of a change of email address after
this agreement is made).See Article 5.

Percentage for Professional Fees

(if not stated, 12.5%)

Cost of Site Clearance

Minimum Sum for Employer’s Liability

(if not stated €13,000,000)

Minimum Sum for Public Liability Insurance

(if not stated €3,000,000)

Date for Possession 28

(Or Dates for Phased Possession if specified)

Date for Completion 28 and 29(a)

Liquidated and Ascertained Damages 29(a) At the rate of € .

Defects Liability Period 31 and 35 ()

Guarantee Account 35(a)(i) Bank

Period of Interim Certificates

(if not stated, one calendar month)

Time for Issue of Interim

Certificates by the Architect
(if not stated, 5 working days)

Percentage of Certified Value Retained

(not to exceed 10%)

Limit of Retention Fund

Joint Account Retention Fund Bank Branch ..o

Period of Final Measurement 35(hXiin)

(if not stated, 6 months)
Period for Serving Notice of Arbitration
(if not stated, 10 working days)
The ownership and copyright of this document is exclusively that of the RIAL It may not be reproduced in whole or in
part without the written permission of the RIAI. Purchaseof the document does not give or imply any right or hicence to
42
reproduce copies of use the text. This document is sold in pairs. The Employer and Contractor are each permitted to make
RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3º Print-run March 2020

PERMITTED WORDINGS

PERMITTED WORDINGS OF THE EXCLUSIONS under clause 23 (e) of the agreement and schedule of
conditions of building contract published by the Royal Institute of the Architects of Ireland; following
consultation with the Construction Industry Federation and following consultation with the Society of
Chartered Surveyors Ireland.

The permitted wordings last approved in May 2009 are as follows:

Employers Liability
Limited war risk: — the company shall not be liable by virtue of this policy for any injury:-
caused by
(i) the discharge of any missiles (including liquids and gas); or
(ii) the use of any weapon, explosive or other noxious thing; or
(iit) the doing of any other injurious act, either by a belligerent or in combating a belligerent or in
repelling an imagined attack by a belligerent; or caused by the impact on any person or property of
any belligerent aircraft or any aircraft used to combat a belligerent or too repel an imagined attack
by a belligerent or any part of, or anything dropped from any such aircraft. The term “belligerent”
includes any State or Nation engaged in hostilities whether with the Republic of Ireland or not,
whether war has been declared or not and any person or body acting on behalf of a belligerent.

Public Liability
Liability in excess of the sum stated in the Appendix to the Conditions of Contract for any one accident
— liability in excess of the sum stated in the Appendix to any one claimant or any number of claimants in
respect of or arising out of any one occurrence or all occurrences of a series consequent on one original
cause.

War risks — liability for any consequence of war, invasion or act of foreign enemy hostilities (whether war
be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power.

Radioactive contamination/nuclear explosion — any legal liability of whatsoever nature or directly or

indirectly caused by or contributed to by or arising from:
(i) ionising radiations or contamination by radioactivity from any iradiated nuclear fuel or from
any nuclear waste from the combustion of nuclear fuel;
(ii) the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or
nuclear component thereof;

The ownership and copyright of this document is exclusively that of the RIAL It may not be reproduced in whole or in
part without the written permission of the RIAI, Purchaseof the document does not giveor imply any right or licence to 43
reproduce copies or use the text. This document is sold in pairs. The Employer and Contractor are each permitted to make.
one copy or scan of the executed documents.
 RIAI CONSTRUCTION CONTRACT August 2017 Editon - 3% Print.run March 2020

PERMITTED WORDINGS (CONTINUED)

Sonic boom - this insurance does not cover loss, destruction or damage directly occasioned by pressure
waves caused by aircraft and other aenial devices travelling at sonic or supersonic speeds.

Persons under a contract of service or apprenticeship with the Insured — liability in respect of injury or
disease to:
(i) any person who sustains such an injury or contracts such disease arising out of and in the course of his
employment by the Insured under a Contract of service or apprenticeship;
(i) any labour master (or labour only sub-contractor) or persons supplied by the insured and/or any self
employed person for labour only whilst engaged on behalf of the Insured.

Property belonging to the Insured or in the Insured's custody and control, with exceptions — liability in
respect of loss of or damage to:
(i) property belonging to the insured;
() property held in trust by or in the custody or control of the Insured or of any employee or servant or
agent of the Insured other than:
(a) the personal effects of the Insured’s employees provided that liability of the company for loss or
damage in this respect shall not exceed the sum of €700 for any one employee;
(b) buildings (together with the contents thereof) temporarily occupied by or on behalf of the Insured
for the purpose of cleaning, maintenance, alteration or repair.

Defective workmanship and materials but not damage resulting therefrom — the cost of repairing, replacing
or reinstating defective work or materials or goods provided by or on behalf of the Insured.

Mechanically propelled vehicles to which the Road Traffic Acts apply — liability in respect of injury or disease,
loss or damage caused by or in connection with or arising from the ownership or possession or use by or
on behalf of the Insured of any mechanically propelled vehicle or water or airborne vessel or craft or the
loading or unloading thereof or the delivery or collection of goods in connection with such ownership or
possession or use but this exception shall not operate in respect of liability for injury or damage occasioned
beyond the limits of any carnageway or thoroughfare in connection with the bringing of a load to or the
removal of a load from any vehicles owned by or under the control of the Insured.

Loss or damage due to design - bodily injury, loss or damage to property caused by defective design, plan
or specification.

The ownership and copyright of this document is exclusively that of the RIAL It may not be reproduced in whole or in
part without the written permissionof the RIAI. Purchaseof the document does not give or imply any nightor licence to 44
reproduce copies or use the text. This document is sold
in pairs. The Employer and Contractor are each permitted to make
RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3% Print-run March 2020

PERMITTED WORDINGS (CONTINUED)

Act of Terrorism - means an act including the use of force or violence and/or the threat thereof by any
person or group of persons against persons or property, or the commission of an act that interferes
with or disrupts an electronic or communications system whether acting alone or on behalf of or in
connection with any organisation or government, power, authority, or military force, committed for
political, religious, ideological, ethnic, racial or cultural objectives, or to express support for (or opposition
to) a philosophy, ideology, religion, ethnic or racial group, or culture, or similar purposes including the
intention to influence any government and/or to put the public or any section of the public in fear.

All Risks
War risks, riot and civil commotion - any consequence of war, invasion, act of foreign enemy, hostilities
(whether war be declared or not), civil war, rebellion, insurrection or military or usurped power, and riot
and civil commotion, confiscation, nationalisation or requisition or destruction of or damage to property
by or under the Order of any Government or Public or Local Authority.

Radioactive contamination/nuclear explosion:

(i) loss or destruction of or damage to any property whatsoever or any loss or expense whatsoever
resulting or arising therefrom or any consequential loss;
(i) any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or
arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any
nuclear waste from the combustion of nuclear fuels;
(iii) the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly
or nuclear component thereof.

Sonic boom — this insurance does not cover loss, destruction or damage directly occasioned by pressure
waves caused by aircraft and other aerial devices travelling at sonic or supersonic speed.

Loss or damage due to design — loss, destruction or damage due to default, error or omission in design,
plan or specification.

Defective workmanship and materials but not damage resulting therefrom — the cost of repairing,
replacing or rectifying the property insured, rendered necessary by defective material or workmanship,
but not the cost of making good any damage to other property insured, resulting from such defective
material or workmanship.

Wear and tear — loss or damage due to wear and tear.

The ownership and copyright of this document is exclusively that of the RIAI, It may not be reproduced in whole or in
part vathout the written permission of the RIAL Purchase of the document does not give or imply any right or licence to 45
reproduce copies or use the text. This document is sold in pairs, The Employer and Contractor are each permitted to make
one copy or scan of the executed documents.
 RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3+ Print-run March 2020

PERMITTED WORDINGS (CONTINUED)

Consequential losses — consequential loss of any nature whatsoever.

Limited mechanically propelled vehicles — loss of and/or damage to any locomotive, waterborne vessel or
craft, aircraft, or any mechanically propelled vehicle other than mobile cranes, mechanical nawvies, shovels,
grabs, excavators, site clearing and levelling plant and vehicles with plant permanently attached.
Loss or damage due to use, occupation or possession by or on behalf of the Employer - damage arising
from the use or occupation by the Employer of any portion of the Works.

Act of Terrorism - means an act including the use of force or violence and/or the threat thereof by any
person or group of persons against persons or property, or the commission of an act that interferes with
or disrupts an electronic or communications system whether acting alone or on behalf of or in connection
with any organisation or government, power, authority, or military force, committed for political, religious,
ideological, ethnic, racial or cultural objectives, or to express support for (or opposition to) a philosophy,
ideology, religion, ethnic or racial group, or culture, or similar purposes including the intention to influence
any government and/or to put the public or any section of the public in fear.

The ownership and copyright of this document is exclusively that of the RIAI It may not be reproduced in whole
or in
part without the written permission of the RIAL Purchase of the document does not give or imply any right or licence to 46
reproduce copies or use the text. This document is sold in pairs. The Employer and Contractor are each permitted to make
RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3+ Print-run March 2020

TEXT FOR RETENTION BOND (PAGE 1 OF 2)

Format referred to in Condition 35(f)(1) of the RIAI 2017 Blue and Yellow forms of Construction Contract.

RETENTION CONDITIONAL GUARANTEE “BOND" Bond Reference No..........euwmiammmsnnes

The Parties to this Agreement: Name:

The Surety as Guarantor

The Contractor as Applicant

The Empioyer as Beneficiary

The Guarantor understands that the terms of a Contract No: ................... (“the Contract”) between the
Beneficiary and the Applcant for ............coooiieiiiciiiiiiiiiii i (the Works) provides
that the Beneficiary may retain retention monies (“the Retention Monies” C.35(e)) being ...... % (subject to
the Limit of Retention Fund) as stated in the Appendix to the Contract. The Beneficiary is prepared to release
the said Retention Monies secured against a Conditional Guarantee "bond" subject to the terms of this
Guarantee.
In consideration of the Beneficiary releasing the second moiety of the Retention Monies to the Applicant,
the Guarantor hereby guarantees the repayment to the Beneficiary of an amountup to €...................:00
(in words... ...)in the event of a breach of the Contract
by the Appficam as established and ascertained pursuant to and in accordance with the provisions of (or
by reference to) the Contract, provided that the Beneficiary's claim hereunder is received in writing at the
Guarantor's office accompanied by a signed statement by the Beneficiary that:-
1. the Applicant has failed to fulfil its the Applicant’s obligations under the terms of the Contract, and
2. the Applicant has been advised in writing at least 30 (thirty) days before the date of the
Beneficiary’s claim together with details of the obligations of the Contract which have not been
fulfilled and of the Beneficiary's intention to claim payment under this Guarantee “bond”.

The Guarantor shall not be discharged or released by any alteration of any of the terms, conditions and
provisions of the Contract or in the extent or nature of the Works and no allowance of time by the Architect
(or Employer) under or in respect of the Contract or the Works shall in any way release, reduce or affect the
liability of the Guarantor to the Beneficiary under this Guarantee.

This Guarantee “bond” shall remain valid until normal close of business at the Guarantor’s office on the
date of issue of the Final Certificate or until ......... YRR | R whichever is the earlier (“Expiry”) subject
to any matter of claim in dispute with the Applicant notified to the Guarantor's office before Expiry. Any
claim hereunder must be received in writing at the Guarantor’s office before Expiry accompanied by the
Beneficiary’s signed statement as aforesaid.

The ownership and copyright of this document is exclusively that of the RIAI, It may not be reproduced
in whole or in
part without the written permission of the RIAI Purchaseof the document does not give or imply any right or licence to 47
reproduce copies or use the text. This document is sold in pairs. The Employer and Contractor are each permitted 10 make
one copy or scan of the executed documents.
RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3“ Print-run March 2020

TEXT FOR RETENTION BOND (PAGE 2 OF 2)

This Guarantee “bond” shall become operative upon receipt of the Retention Monies by the Applicant.
Upon Expiry, this Guarantee “bond” shall become null and void, whether returned to the Guarantor for
cancellation or not and any claim or statement received after Expiry shall be ineffective. Note: The liability of
the Guarantor is co-extensive with the liabilities of the Parties to the Contract.

This Guarantee “bond” is for the benefit of the Beneficiary named in this agreement and is not transferable
or assignable, except by agreement, which agreement shall not be unreasonably withheld.
This Guarantee “bond” shall be governed by and shall be construed in accordance with the Laws of Ireland
and shall be subject to the exclusive jurisdiction of the Irish Courts.

Name of the Employer

as Beneficiary (Legal Name):

Name of the Contractor as Applicant (Legal Name):

Nameof the Surety as Guarantor (Legal Name),

Place of Registration: .

N WITNESS whereof the Guarantor and the Applicant have executed and delivered this Guarantee bond as a Deed

1f executed on behalf of the Guarantor by its

appointed Attorneys: if it OR If executed by the Gaurantor under Seal

Executed on behalf of the Guarantor by its duly Executed by duly authorised persons (e.g.; Director, Secretary,
appointed Attorney; Registered Person) present when the Common Seal of the
Gaurantor was affixed hereto
Attorney
Name (Block Capitals): ...
SIONature: ... Position:
Sgnature:
Witness.
Date
Name (Block Capitals): .....
Occupation (Block Capitais): .. — Sgnature
Sgnature:
Date: ......... ARG e Imprint of Seal here:

Imprint of Seal here:

The ownership and copyright of this document is exclusively that of the RIAL It may not be reproducedin whole of in
part without the written permission of the RIAI Purchase of the document does not give or imply any right or licence to
reproduce copies or use the text. This document is sold in pairs. The Employer and Contractor are each permitted to make
 RIAI CONSTRUCTION CONTRACT August 2017 Editon - 3º Print-run March 2020

SUPPLEMENT
To the Schedule of Conditions of Building Contract published by the Royal Institute of the Architects of
Ireland.

The following meanings shall be given to certain wordings in Clause 36:

A Meanings for Clause 36(b)

1 Workpersons means operatives such as craftsman, semi-skilled labour, labourers, drivers and operators
of mechanical plant and machinery, site time keepers and site clerks. General foremen, site agents, trade
foremen and charge hands shall also be deemed to be workpersons. Increases for administrative and other
supervisory staff who individually spend more than 15 hours from Monday to Friday on the site of the
Works shall be recoupable for the full time spent in connection with the project. Contract managers and
other such senior management staff shall not be deemed to be work people. In all cases the increase shall
be recouped pro rata to the increase in the operative's wages and the emoluments as agreed by the Joint
Industrial Council for the Construction Industry, or failing this by agreement between the Construction
Industry Federation and the authorised Trade Unions.

2 (a) “Wages” means the cost of normal time at standard rates and of all overtime at standard overtime rates.
Only the hours at work shall be taken into account. Not coming within this meaning are site bonuses,
bonus payments under site agreements, productivity or incentive bonuses, or payments, or payments over
the standard rates for normal time or over the standard overtime rates.

(b) "Expenses” means travelling and country money, contractor's contributions to the Construction Industry
pension fund and sick pay scheme and any other payments not covered by paragraph (a) of this section
and which may be agreed from time to time by the Joint Industrial Council for the Construction Industry
or, failing this, by agreement between the Construction Industry Federation and the authorised Trade
Unions.

3 "Labour on-costs necessarily payable” means:

(a) the relative percentages in respect of Wage Variation Claims set out in the document entitled
“Percentage Additions to Labour Costs” issued in agreement between the Society of Chartered Surveyors
Ireland and the Construction Industry Federation and approved by the Royal Institute of Architects of
Ireland the percentages to be used in calculating increases or decreases in wages,other emoluments
and expenses over any period being those listed in the edition of the document then effective. Increases
or decreases in the relative percentages themselves shall not be payable until taken into account in the
edition of the aforesaid document next issued after their occurrence.

The ownership and copyright of this document is exclusively that of the RIAL it may not be reproduced in whole or in
part without the written permission of the RIAI Purchase of the document does not give or imply any right or licence to 49
reproduce copiesor use the text. This document is sold in pasrs. The Employer and Contractor are each permitted to make
one copy or scan of the executed documents.
RIAI CONSTRUCTION CONTRACT August 2017 Edition - 3% Print-run March 2020

(b) the Contractor's contributions to any social insurance or other premiums not related to wage
variation claims and payable under a legislative enactment instrument rule or order. An increase
or decrease in any such labour on-cost shall be payable from the date on which it takes effect.

Any expenses or labour on-cost not payable at the Designated Date but introduced thereafter as a result
of a legislative enactment instrument rule or order or approved thereafter by the Joint Industrial Council
for the Construction Industry, or failing this, by agreement between the Construction Industry Federation
and the authorised Trade Unions and which the Contractor is obliged to pay or allow shall be deemed to
be an increase/decrease.

Meanings for Clause 36(c)

“Materials or goods necessary for the execution of the Works” means:

(a) materials or goods embodied in the Works together with unavoidable waste and surpluses on
such materials or goods;
(b) materials or goods specifically purchased for temporary use in the construction and on the site
of the Works provided that such materials or goods are not reusable in similar form on another
job and, when no longer required for the Works, have only scrap value;
(c) fuels and electric power for plant and essential temporary lighting installations when such fuels
and power are wholly consumed on the site of the Works.

Provided always that in the case (c) the liability of the Employer shall be limited to that part of any
increase which is in excess of 10% of price ruling at the Designated Date, with an equivalent limitation to
the Contractor’s liability in the case of any decrease.

The following for the purposes of Clause 36(c) are deemed not to be materials or goods necessary for
the execution of the Works; formwork or any other materials which can be used on another job when no
longer required for the Works; materials or goods for temporary work associated with but not embodied
in the Works nor used in the construction of the Works.

Meanings for Clause 36(d): “Contractor’s plant and equipment necessary for the execution of the
Works" means:
(a) Plant and equipment engaged upon or in connection with the Works including but not limited to all
plant and equipment, site huts, hoardings, scaffolding, tools etc.

The ownership and copynight of this document is exclusively that of the RIAL It may not be reproduced in whole or in
part without the written permission of the RIAL Purchase of the document does not give or imply any right or ficence to 50
reproduce copies or use the text. This document s sold in pairs. The Employer and Contractor are each permitted to make
 RIAI CONSTRUCTION COETRACT
August 2017 Edition - 3*Print-run March 2020

This Form is applicable where Quantities

form part of the Contract

RIAI
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Dublin DO2YE68, Ireland | riai.ie EMA 250