Quantity Surveyor Agreement (Ireland)

A Quantity Surveyor Agreement in Ireland sets the scope, deliverables, fees, and acceptance terms under which the work or system is produced for the client, under the framework of the Companies Act 2014.

The Quantity Surveyor's role is to give the client financial control over the construction project — from the earliest feasibility estimates through to the final settlement of the contractor's account. Unlike an architect (who is primarily responsible for design) or a structural engineer (who is responsible for structural integrity), the QS's focus is exclusively on cost: confirming that the project is procured competitively, that the contractor is paid correctly for work done and no more, that variations are properly valued, and that the client has an accurate forecast of the final project cost at all times.

In the Irish construction market, the Quantity Surveyor's services are delivered in accordance with the ARM4 (Agreed Rules of Measurement, 4th Edition) published by the SCSI, which is the standard methodology for measuring building works in Ireland. Bills of quantities prepared in accordance with ARM4 are the standard tender document for building contracts of any significant size, providing a consistent basis for contractor pricing and a framework for valuing variations.

For public sector projects, the QS's engagement is typically governed by the Department of Public Expenditure and Reform's standard consultant appointment terms, and the agreement must comply with the Public Spending Code requirements for cost management on capital projects.

The legal framework governing the Quantity Surveyor Agreement (Ireland) in Ireland draws on several key statutes and regulatory bodies. Under the Companies Act 2014, the Companies Registration Office (CRO) maintains the register of Irish companies. Section 343 of the Companies Act 2014 sets annual confirmation obligations. The Competition and Consumer Protection Commission (CCPC) enforces the Consumer Rights Act 2022. The Central Bank of Ireland regulates financial services under the Central Bank Act 1971. The High Court of Ireland has jurisdiction under Section 212 of the Companies Act 2014. Parties executing a Quantity Surveyor Agreement (Ireland) in Ireland should confirm the document reflects current Irish law, including any amendments enacted since the original drafting date. The Companies Act 2014 sets the foundational requirements, while secondary legislation and statutory instruments may impose additional obligations depending on the specific circumstances of the transaction.

A Quantity Surveyor Agreement is needed at the outset of any construction project where cost management is required — which, in practice, means any project with a construction cost above approximately €100,000 where the client wants reliable cost control.

For larger or more complex projects, the QS should ideally be appointed at the pre-design stage, before the architect has developed detailed designs, so that the QS's cost advice can influence design decisions from the outset. Late appointment — after the design is largely complete — reduces the QS's ability to manage costs proactively and may mean that the QS is presented with a design that exceeds the client's budget with limited scope to reduce costs without abortive design work.

For clients seeking planning permission, a QS-prepared cost estimate is frequently required by planning authorities as part of the planning application, particularly for strategic housing developments and commercial projects. The QS Agreement must be in place and the QS appointed before this work can be commissioned.

For projects funded by government bodies, banks, or institutional investors, independent QS cost certification is typically a condition of drawdown of funding. The QS Agreement must satisfy the requirements of the funder, who may specify minimum professional indemnity insurance levels and the form of cost reports to be provided.

The agreement should be reviewed and updated if the scope of the QS's services changes materially — for example, if the client decides to use a different form of contract than originally anticipated, or if the project scope is significantly expanded or reduced.

A thorough Irish Quantity Surveyor Agreement should include the following key elements.

The appointment and scope of services section identifies the registered Quantity Surveyor or firm, their SCSI registration details, and the specific services to be provided — broken down by project stage: feasibility cost advice, cost planning, bills of quantities, tender analysis, contract administration (interim valuations and variation assessments), and final account.

The professional standards section confirms that the QS will perform services in accordance with SCSI/RICS professional standards and the ARM4 measurement rules, and will maintain professional indemnity insurance in a specified amount throughout the engagement and for a run-off period thereafter.

The fee and payment section specifies the fee basis (percentage, lump sum, or hourly rate), the payment milestones linked to project stages, VAT position (QS services are subject to Irish VAT at the standard rate of 23%), and the procedure for agreeing additional fees for services outside the original scope.

The client obligations section specifies the information and access the client must provide to enable the QS to perform their services — design drawings, site information, programme, and prompt decisions — and confirms that delays caused by the client's failure to provide information may affect the QS's programme and fees.

The cost estimate accuracy and limitations section sets out the basis on which cost estimates are prepared, the assumptions on which they rely, and the QS's right to revise estimates as design develops. It states that estimates are professional opinions based on current market data and are not guarantees of the final construction cost.

The limitation of liability section caps the QS's total liability to the client, specifying the maximum amount (linked to the level of professional indemnity insurance) and any categories of loss that are excluded (typically indirect and consequential losses).

The dispute resolution section specifies the applicable procedure for resolving disputes — typically expert determination by a SCSI-nominated expert for scope and fee disputes, with the Construction Contracts Act 2013 adjudication procedure available for payment disputes.

The termination section provides for termination by either party on notice, specifies the QS's entitlement to fees for work completed to the termination date, and requires the QS to hand over all cost documents on termination. The forms-legal.com Quantity Surveyor Agreement (Ireland) template covers the mandatory elements under Companies Act 2014.

Additional compliance elements for a Quantity Surveyor Agreement (Ireland) used in Ireland include: Data Protection — the Data Protection Act 2018 and GDPR Article 6 require a lawful basis for processing personal data; Governing Law — specify Irish law and the jurisdiction of Irish courts; Dispute Resolution — parties may refer disputes to the Workplace Relations Commission (WRC) for employment matters or initiate proceedings in the Circuit Court or High Court of Ireland for civil claims. Under the Companies Act 2014, the Companies Registration Office (CRO) maintains the register of Irish companies. Section 343 of the Companies Act 2014 sets annual confirmation obligations. The Competition and Consumer Protection Commission (CCPC) enforces the Consumer Rights Act 2022. The Central Bank of Ireland regulates financial services under the Central Bank Act 1971. The High Court of Ireland has jurisdiction under Section 212 of the Companies Act 2014. Revenue Commissioners require appropriate tax treatment of payments made under the agreement, including VAT under the Value-Added Tax Consolidation Act 2010 where applicable.