Skip to content
Demiton
Demiton
Ireland guide
Ireland / Construction Contracts Act 2013 / Which contracts

Does the Construction Contracts Act 2013 apply to my contract?

Ireland's Construction Contracts Act 2013 governs most construction contracts entered into after its start date, including subcontracts and the design and engineering services that go with the work. A short list of contracts is left out, by value, by type and for small owner-occupied dwellings. The parties cannot contract out of it.

The rows

The applicability rule, and the pay when paid term the Act makes ineffective in a contract it covers.

DutyWindow and sectionIf missed
Determine whether the contract is a construction contract the Act governsnone sets 1, 2, 12(2); S.I. No. 165 of 2016 art 2no penalty statedDisputes
Do not rely on a term that makes payment, or its timing, conditional on payment by someone outside the contractnone sets 3(5), 3(6)no penalty statedDisputes

The test, in the library's words

Quoted a whole sentence at a time from the library's note on each row.

Determine whether the contract is a construction contract the Act governs

s 1, 2, 12(2); S.I. No. 165 of 2016 art 2 · none set · no penalty stated

  • The Act applies only to a construction contract entered into after 25 July 2016.
  • It does not apply to a contract worth not more than EUR 10,000, to a contract of employment, to a contract between a State authority and its public private partnership partner, or to a contract that relates only to a dwelling of not more than 200 square metres that one party occupies or intends to occupy.
  • Design, surveying, engineering and project management services ancillary to construction operations are included (s 1(2)); manufacture or delivery of components, materials or plant is not, unless the same contract also installs them (s 1(3), (4)).
  • The parties cannot contract out, and a foreign governing law does not exclude it (s 2(5)).

Do not rely on a term that makes payment, or its timing, conditional on payment by someone outside the contract

s 3(5), 3(6) · none set · no penalty stated

  • A pay when paid term is ineffective, except after the third party's insolvency event listed in s 3(6) (winding up, receivership, examinership, bankruptcy adjudication, or the equivalent under EU insolvency law).

If the Act applies

The claim dates, the notice and the response are on payment claims; a payment dispute goes to adjudication.

What this page is, and is not

It is the section text this library holds for Ireland's Construction Contracts Act 2013 (Ireland) and Safety, Health and Welfare at Work (Construction) Regulations 2013 (Ireland), with the window and the consequence. It is not legal advice, and it is not a substitute for reading the Act, the Regulations and the contract you signed.

Demiton does not yet track Irish projects. These pages set out the duties; the product does not run these checks on an Irish job today.

No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.

Common questions

Does the Construction Contracts Act 2013 apply to my contract?

The Act applies only to a construction contract entered into after 25 July 2016. It does not apply to a contract worth not more than EUR 10,000, to a contract of employment, to a contract between a State authority and its public private partnership partner, or to a contract that relates only to a dwelling of not more than 200 square metres that one party occupies or intends to occupy.

Does it cover design and engineering services?

Design, surveying, engineering and project management services ancillary to construction operations are included (s 1(2)); manufacture or delivery of components, materials or plant is not, unless the same contract also installs them (s 1(3), (4)).

Can the parties contract out of the Act?

The parties cannot contract out, and a foreign governing law does not exclude it (s 2(5)).

Does it cover subcontracts?

Yes. Where a main contract does not, the Schedule fills the gap (s 3(3)); a subcontract gets the Schedule unless its own terms are more favourable to the party doing the work (s 3(4)).

Where does the Act say so?

Determine whether the contract is a construction contract the Act governs (s 1, 2, 12(2); S.I. No. 165 of 2016 art 2).