Terms & Conditions
1. Definitions
“Contractor” means Kilcoran Homes Limited.
“Client” means the property owner or authorised representative.
“Works” means the repair, restoration, maintenance or improvement works agreed.
The parties to this contract are the Contractor and the Client.
2. Scope of Works
The Works are limited to those described in the written quotation (or, where maintenance services are not quoted in advance, the Works are limited to the scope in the instruction from the Client). Any variations or additional works are chargeable and may affect programme and cost.
The Contractor shall have no obligation to investigate, identify, or remedy defects outside the defined scope of the Works unless expressly agreed in writing.
3. Insurance Repair Works
Where Works are funded in whole or in part by an insurer, the Contractor is not responsible for insurer approvals, valuations, instructions, delays, or payment decisions. Any shortfall between insurer payment and the cost of the Works remains the Client’s responsibility unless agreed otherwise in writing. Payment is due from the Client regardless of the status of their insurance claim. The Contractor does not offer credit terms pending insurer settlement.
4. Price & Payment
All prices are exclusive of VAT unless stated. Payment terms are strict. The Contractor may suspend works immediately for non-payment, without liability. Late payments may accrue interest and recovery costs in accordance with Irish law.
5. Programme & Delays
Any programme or completion date is indicative only. The Contractor shall not be liable for delays caused by weather, unforeseen conditions, latent defects, variations, restricted access, occupied conditions, third-party delays, or insurer processes.
While the Contractor will take reasonable precautions to provide temporary coverings, the Contractor shall not be liable for water ingress caused by extreme or 'Act of God' weather events during the execution of the Works. The Client is advised to notify their building insurers of the works.
6. Access & Site Conditions
The Client shall provide safe, continuous access to the property. Delays or costs arising from restricted access, interference, or unsafe conditions are chargeable.
7. Existing & Latent Defects
The Contractor shall not be liable for pre-existing, hidden, or latent defects discovered during the Works, including defects not reasonably apparent at the time of inspection. Remedial works required as a result are chargeable.
The price excludes the identification, handling, or disposal of hazardous materials (e.g., Asbestos). Should such materials be encountered, works will cease and a variation will be required
8. Materials & Matching
Exact matching of existing finishes or materials cannot be guaranteed. Replacement materials shall be reasonable and appropriate.
9. Client Obligation to Insure / Removal of Valuables
The Client shall maintain full and valid property and contents insurance during the Works. The Contractor shall not be liable for loss or damage to the property or its contents unless arising solely from the Contractor’s proven negligence.
The Client is responsible for removing or protecting furniture, valuables, and personal belongings. The Contractor shall not be liable for damage to items not removed from the work area.
10. Liability
a. The Contractor’s total aggregate liability arising out of or in connection with the Works (whether in contract, tort, negligence, or otherwise) shall be limited to the total amount paid to the Contractor for the Works. The cost of any remedial or corrective works carried out under any warranty or defects obligation shall count towards this liability cap.
b. The Contractor shall not be liable for any indirect, consequential, or economic loss, including loss of rent, profit, business, or use.
c. Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence, or any liability which cannot be excluded under Irish law.
11. Defects
The Contractor warrants that the workmanship relating solely to the Works carried out under this contract shall be free from defects arising directly from faulty installation for the period stated in the quotation or agreed in writing (the “Warranty Period”), commencing from the date the works are completed. If no Warranty Period is specified in the quotation, a period of 12 months shall apply.
This warranty is strictly limited to the specific areas of the property where the Works have been undertaken and does not extend to any other part of the structure or roof.
The Contractor does not provide any warranty or guarantee in respect of materials or products supplied or installed as part of the Works. Any warranties provided by manufacturers or suppliers are, where available, passed on to the Client without liability to the Contractor. The Contractor shall have no responsibility or liability for any defect, failure, or performance issue arising from materials or products, whether or not such materials or products are covered by a manufacturer’s warranty.
The Contractor’s obligation under this warranty shall be limited to the repair of defects in workmanship. The Contractor is shall not be liable for any consequential or indirect loss, including but not limited to damage to internal finishes, contents, loss of use, or alternative accommodation.
This warranty does not apply to:
a) defects arising from materials or products;
b) pre-existing defects, latent defects, or structural issues not apparent at the time of the Works;
c) movement, settlement, or failure of the underlying structure or substrate;
d) fair wear and tear, lack of maintenance, or failure to keep roofs, gutters, and drainage systems clear;
e) damage caused by third parties or subsequent works; and
f) damage caused by extreme or abnormal weather conditions.
The Client shall notify the Contractor in writing of any defect as soon as reasonably practicable and in any event within 30 days of becoming aware of the issue, and shall provide reasonable access for inspection and remedial works.
This warranty is conditional upon the Works having been properly maintained and used in a reasonable manner.
No separate defects liability period shall apply.
12. Third Party rights and liability
This contract is made solely for the benefit of the parties to it and is not intended to confer any rights on any third party. To the fullest extent permitted by law, no person who is not a party to this contract shall have any right to enforce any term of this contract, whether under common law, statute or otherwise. The parties expressly exclude any intention to create rights in favour of any third party.
The Contractor shall have no duty or liability (whether in contract, tort (including negligence), breach of statutory duty or otherwise) to any person who is not a party to this contract in respect of the Works or any services performed under it. Without prejudice to the foregoing, the Contractor shall not be liable for any loss, damage, cost or expense suffered or incurred by any third party arising out of or in connection with this contract or the Works.
Nothing in this clause shall exclude or limit liability to the extent that such exclusion of limitation is prohibited by law. No assignment shall be valid without the Contractor’s written consent.
13. Maintenance and use
The Client is responsible for the proper use, care, and maintenance of the Works following completion. This includes, where applicable, keeping roofs, gutters, outlets, and drainage systems clear and in good working order.
The Contractor shall not be liable for any defects, damage, or failure arising from lack of maintenance, misuse, or failure to follow reasonable maintenance practices.
14. Termination
The Contractor may suspend or terminate the Works for non-payment, Client insolvency, unsafe conditions, or Client material breach, without liability.
15. Ownership of Materials
All materials remain the property of the Contractor until paid for in full.
16. Signage & Marketing Consent
The Client consents to the display of reasonable site signage during the Works. The Client further consents to the use of non-identifying photographs or recordings of the Works for the Contractor’s marketing and promotional purposes. No personal data or identifying details shall be published without prior written consent. Objection must be made in writing prior to commencement.
17. Acceptance of Terms
These Terms & Conditions are deemed accepted where the Client:
a) instructs the Contractor to proceed verbally or in writing,
b) permits commencement or continuation of the Works,
c) makes any payment, or
d) otherwise acts in a manner consistent with acceptance.
Commencement of the Works shall constitute conclusive acceptance. No variation to these Terms is valid unless agreed in writing by the Contractor.
18. Governing law and dispute resolution
This contract is governed by the laws of Ireland, and the Irish courts shall have exclusive jurisdiction. The parties shall first attempt to resolve any dispute by negotiation. Failing resolution, the dispute shall be referred to mediation before court proceedings.