IRELAND Law and Practice Contributed by: Diarmuid Mawe, Craig Kenny, Katelin Toomey and William Fogarty, Maples Group
provided that the term of the residue of the lease at the time of registration exceeds 21 years. Leases for a term not exceeding 21 years do not need to be recorded and can affect registered
anteed maximum price) contracts. GMP con - tracts can vary in how they are structured but they typically involve an open-book system sub - ject to a shared allocation with the contractor, where the final contract price is below the GMP). 7.2 Assigning Responsibility for the Design and Construction of a Project The client can assign responsibility for design and construction by: • awarding a design-and-build (D&B) contract to a main contractor whereby it takes full responsibility for both design and construc - tion, including the work of its external profes - sional team and subcontractors; or • appointing its own design team and enter - ing into a build-only construction contract if it wishes to maintain more control over the design of the development. Funders may prefer the D&B model, as it offers a sole point of responsibility for design and con - struction. 7.3 Management of Construction Risk A contractor usually provides insurance-backed indemnities to the client as part of the construc - tion contract. It has become more common for contractors to seek to limit their liability with a cap on their general liability under the contract and excluding certain damages, such as indirect and consequential damages and losses. Such exclusions have not become the market norm, but contractors are increasingly pushing for such concessions due to the strong market demand for experienced and capable contractors. 7.4 Management of Schedule-Related Risk Most forms of construction contracts in Ireland make provisions for the application of liquidat -
land without registration. 6.21 Forced Eviction
As previously stated, a commercial lease may be terminated by forfeiture. While this can be effect - ed without a court order, in some circumstances a court order will be required – for example, if the tenant refuses to vacate the property. A court application can take from six to 12 months. 6.22 Termination by a Third Party A commercial lease may not typically be termi - nated by a third party; it can only be terminated by the parties to the lease. 6.23 Remedies/Damages for Breach If there is a guarantee in the lease, a landlord may look to the guarantor to remedy the tenant’s breach. Alternatively, if the tenant has paid a rent deposit, the landlord may be permitted to use all or part of the deposit to remedy the breach, depending on the terms of the agreement gov - erning the deposit. 7. Construction 7.1 Common Structures Used to Price Construction Projects The most common basis for the pricing of con - struction contracts is a fixed-price sum, where the price includes the risks associated with the construction of the works, except to the extent excluded under the contract. Other forms of pricing are also used, such as re-measurable contracts (where the client takes the risk for the quantities needed for the works) or GMP (guar -
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