Contract Law Basics for Self-Builders in Ireland — RIAI Contract, Retention, and Your Rights
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The RIAI contract defines your rights and the contractor's obligations. Always use it. Get a solicitor to review before signing.
The RIAI contract defines your rights and the contractor's obligations. Always use it. Get a solicitor to review before signing. Key clauses: scope of works (what's included and what's excluded), programme (start date, key milestones, completion date), payment (stage payments, retention, final payment), retention (5% held until snag closure), defects liability (12 months during which the contractor must fix defects), dispute resolution (mediation, arbitration, court). The RIAI contract is balanced — both parties have rights and obligations. Don't use a contractor's own contract without legal review. Most contractor-drafted contracts are weighted in the contractor's favour (longer payment terms, weaker retention, fewer defects). Pay for the legal review; it's the cheapest €500–€1,000 you can spend on the build.
When this matters most
You're at the contract stage and need to understand your rights.
When this doesn't apply
The contract is signed.
Sources
RIAI, Form of Building Contract 2012. https://www.riai.ie/
Frequently asked questions
Should I use the RIAI contract?
Yes. Always. The RIAI Standard Form of Building Contract 2012 is balanced and covers all the key clauses. Don't use a contractor's own contract without legal review.
What is the defects liability period?
12 months from practical completion, during which the contractor must fix defects that appear. Most RIAI contracts have this. The retention is held during the first 6 months.
How do I resolve a dispute with my contractor?
RIAI contract has a dispute resolution clause: mediation first, then arbitration, then court. Most disputes are resolved at mediation. Document everything in writing from day one.
When this matters most
You're at the contract stage and need to understand your rights.
When this doesn't apply
The contract is signed.
Where to go next
Next decision
The next step in your build sequence.
- Self-Build Insurance in Ireland — Site Cover, Public Liability, and the Lender Requirement →
- Stamp Duty on a Site in Ireland — 1% Up to €1m, 2% Above, and Agricultural Land →
- Structural Warranty in Ireland — HomeBond, Premier Guarantee, and the 10-Year Cover →
- VAT-Registered Self-Builder in Ireland — The Sole Trader Route and the 13B Scheme →
Branch into
Adjacent decisions at the same stage.
Watch out for
Common mistakes, hidden costs, gotchas.
- Capital Gains Tax on a Site in Ireland — When It Applies, the Exemptions, and the Trap →
- Latent Defects Insurance in Ireland — 10-Year Cover for Hidden Defects →
- Life Cover During a Self-Build in Ireland — When the Lender Wants It and What It Costs →
- Public Liability for a Self-Build in Ireland — Who Needs It, What It Covers, and the Cost →
- Solicitor for a Self-Build in Ireland — When to Hire, What They Do, and the Cost →