Conciliator’s Model Form of Agreement
Conciliation Procedure 2007
Please complete all relevant sections of this form online, then print and sign.
This agreement is made on
date
between
1.
The employer:
Principal office of employer:
2.
The contractor:
Registered office of contractor:
and
3.
The Conciliator:
Address of Conciliator:
Whereas:
A.
The employer and contractor have entered into a contract dated
(the contract)
for
Name of contract:
B.
The contract provides for the appointment of a Conciliator for the resolution of disputes.
Now it is hereby agreed as follows:
The Conciliator shall act in accordance with the terms of the contract.
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For all purposes related to this agreement, the employer’s, contractor’s and Conciliator’s
addresses are as follows:
Employer’s address:
Contractor’s address:
Conciliator’s address:
The employer and the contractor shall pay the Conciliator’s fees [and expenses] as follows [set out
agreed terms or refer to separate letter]:
As between themselves, the contractor and the employer shall each pay one half of amounts due
to the Conciliator under this agreement. As between the Conciliator and the other parties, the
employer and the contractor are jointly and severally liable to the Conciliator. If one party pays the
other’s share of an amount due to the Conciliator, that party is entitled to reimbursement from the
other.
This agreement remains in effect for as long as the Conciliator continues to act in that capacity.
This agreement is governed by and construed in accordance with the laws of Ireland. Any dispute
or claim arising out of or in connection with this agreement shall be settled by arbitration in
accordance with the arbitration rules referred to in the contract, amended as required.
The parties agree to pay the sum of €150 for the use of Conciliation Procedure 2007 and the
accompanying suite of documents; this sum is to be collected by the Conciliator and remitted to
Engineers Ireland. However, this charge will not apply where the Conciliator has been appointed
by the President of Engineers Ireland.
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Given under the employer’s seal:
Affix employer’s seal
Signatures of persons authorised to authenticate the seal:
.………………………………………………………..
.………………………………………………………..
.………………………………………………………..
Or1
Signed on behalf of the employer:
Signature of person authorised to sign contracts on behalf of the employer:
.………………………………………………………..
1Execution in accordance with the legislation governing the authority, or articles of association if a company.
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In the presence of
Name of witness:
Signature of witness: .………………………………………………………..
Witness’s occupation:
Witness’s address:
Given under the contractor’s common seal:2
Affix contractor’s common seal
Signatures of persons authorised to authenticate the seal:
.………………………………………………………..
.………………………………………………………..
.………………………………………………………..
2If the contractor is a company that is not incorporated in Ireland, execution will be in accordance with the law of its
jurisdiction of incorporation for execution of a deed.
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Or
Signed, sealed and delivered by:
Name of attorney:
Signature of attorney: .………………………………………………………..
As lawful attorney of the contractor under a power of attorney dated:
Affix attorney’s personal seal
In the presence of:
Name of witness:
Signature of witness: .………………………………………………………..
Witness’s occupation:
Witness’s address:
Or3
Signed, sealed and delivered by:
Name of contractor:
3If the contractor is an individual.
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Signature of contractor: .………………………………………………………..
Affix contractor’s personal seal:
In the presence of:
Name of witness:
Signature of witness: .………………………………………………………..
Witness’s occupation:
Witness’s address:
If the contractor is a partnership or joint venture, execution must be by each member, using the
blocks below.
Given under the common seal4 of:
Name of joint venture member:
Affix contractor’s common seal
Signatures of persons authorised to authenticate the seal:
4If a member of the joint venture is a company that is not incorporated in Ireland, execution will be in accordance with the
law of its jurisdiction of incorporation for execution of a deed.
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.………………………………………………………..
.………………………………………………………..
.………………………………………………………..
Or
Signed, sealed and delivered by:
Name of attorney:
Signature of attorney: .………………………………………………………..
As lawful attorney of:
Name of joint venture member:
Under a power of attorney dated:
Affix attorney’s personal seal
In the presence of:
Name of witness:
Signature of witness: .………………………………………………………..
Witness’s occupation:
Witness’s address:
Signed by the Conciliator:
Signature of Conciliator: .………………………………………………………..
In the presence of:
Name of witness:
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Signature of witness: .………………………………………………………..
Witness’s occupation:
Witness’s address:
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Schedule to the Conciliator’s agreement*
1. Upon appointment, the Conciliator shall be paid a non-returnable appointment fee of €
plus VAT at the appropriate rate (if applicable), to be paid in equal shares by each
party.
2. In addition, the Conciliator shall be paid at the hourly rate of €
plus VAT at the
appropriate rate (if applicable) in respect of all time spent upon or in connection with the
conciliation, including time spent travelling. In this connection, the parties shall, within
seven days, make an advance payment of €
plus VAT at the appropriate rate (if
applicable), in equal shares to the Conciliator. This advance payment shall be credited
against the final statement of any sums which may become payable to the Conciliator.
3. The advance payment, referred to in item 2 above, shall be kept by the Conciliator in a
special bank account (‘the account’). A monthly/bimonthly invoice may be issued by the
Conciliator for payment of fees on account and the Conciliator shall be entitled to withdraw
the amount so invoiced from the account if payment of the amount invoiced is not made to
the Conciliator within seven days of the submission of the Conciliator’s invoice. The
account shall be replenished, up to the amount of €
, in equal shares by the parties
not later than 14 days after the issue of the said invoice.
4. The Conciliator shall be reimbursed in respect of all charges properly made including, but
not restricted to, those for:
a. printing, reproduction and purchase of all documents, drawings, maps, records and
photographs;
b. communication by facsimile, telex and telephone;
c. postage, courier and similar delivery charges;
d. travelling, hotel expenses and other similar disbursements of the Conciliator and of
any person whose assistance is requested by the Conciliator with the consent of the
parties;
e. room charges; and,
f.
the cost of any expert or legal advice requested by the Conciliator with the consent
of the parties.
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5. The Conciliator
is registered for VAT.
is not registered for VAT.
*This schedule is provided for guidance only and may be amended as required.
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