Agreement Between Architect And Contractor

Agreement Between Architect And Contractor Template for England and Wales

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Key Requirements PROMPT example:

"I need an Agreement Between Architect And Contractor for a large commercial office development in Manchester, where the architect will retain significant design authority during construction and the contractor will be involved in value engineering during the design phase, with project completion scheduled for December 2025."

Document background

The Agreement Between Architect And Contractor is essential for construction projects in England and Wales where direct collaboration between these professionals is required. This document establishes clear lines of communication, defines roles and responsibilities, and sets out the terms of their professional relationship. It includes provisions for design review, construction methodology, payment terms, and dispute resolution mechanisms, while ensuring compliance with UK construction laws, CDM regulations, and professional standards. The agreement is particularly crucial for projects where the architect maintains design authority during construction and where contractor input is required during the design development phase.

Suggested Sections

1. Parties: Identifies and defines the architect and contractor, including their registered addresses and company details

2. Background: Describes the context of the agreement and the project

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the architectural services to be provided, including design work, site visits, and project management responsibilities

5. Architect's Obligations: Specifies the duties, responsibilities and standard of care required from the architect

6. Contractor's Obligations: Outlines the contractor's duties, responsibilities and cooperation requirements

7. Payment Terms: Specifies fees, payment schedule, invoicing procedures and payment mechanisms

8. Professional Standards: Outlines required standards, qualifications and compliance with relevant regulations

9. Insurance and Liability: Details required insurance coverage and liability limitations

10. Duration and Termination: Sets out the term of the agreement and circumstances for termination

11. General Provisions: Contains standard boilerplate clauses including notices, entire agreement, and governing law

Optional Sections

1. Intellectual Property Rights: Addresses ownership and usage rights of designs, documents and other materials produced during the project

2. Confidentiality: Provisions for handling confidential information and trade secrets

3. Dispute Resolution: Specifies procedures for handling disputes, including mediation and arbitration provisions

4. Force Majeure: Addresses unforeseeable circumstances that may prevent performance

5. Assignment and Subcontracting: Provisions regarding the transfer of rights and obligations under the agreement

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of architectural services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates and payment terms

3. Schedule 3 - Project Programme: Timeline, key milestones and delivery dates

4. Schedule 4 - Insurance Requirements: Specific insurance requirements and minimum coverage levels

5. Schedule 5 - Project Brief: Detailed description of the project requirements and specifications

6. Appendix A - Key Personnel: List of key personnel from both parties involved in the project

7. Appendix B - Required Documentation: List of required certificates, permits and other documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Commercial Construction
Residential Construction
Industrial Construction
Public Sector Construction

Relevant Teams

Architecture
Construction
Legal
Project Management
Procurement

Relevant Roles

Project Architect
Construction Manager
Contract Administrator
Project Manager
Design Director

Industries

Housing Grants, Construction and Regeneration Act 1996: Primary legislation governing construction contracts, including payment provisions and adjudication rights in construction disputes

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract to which they are not a direct party

Supply of Goods and Services Act 1982: Legislation setting out implied terms in contracts for the supply of goods and services

Construction Act 2009: Updates to the Housing Grants, Construction and Regeneration Act 1996, introducing new payment and adjudication provisions

Building Act 1984: Primary legislation for building regulations and control of building work

Architects Act 1997: Legislation governing the regulation of architects and their professional practice

ARB Code of Conduct: Professional standards and conduct requirements set by the Architects Registration Board

RIBA Code of Professional Conduct: Professional standards and ethical guidelines set by the Royal Institute of British Architects

Construction (Design and Management) Regulations 2015: Regulations governing health, safety and welfare in construction projects

Building Regulations 2010: Minimum building standards for design, construction and alterations

Party Wall etc. Act 1996: Legislation governing works affecting party walls, boundaries and excavations near neighboring buildings

Health and Safety at Work etc. Act 1974: Primary legislation for workplace health and safety in the UK

Management of Health and Safety at Work Regulations 1999: Regulations detailing employers' obligations regarding workplace health and safety management

UK General Data Protection Regulation: Regulation governing the processing and handling of personal data

Data Protection Act 2018: UK's implementation of data protection requirements and GDPR

Environmental Protection Act 1990: Legislation controlling pollution, waste management and related environmental issues

Climate Change Act 2008: Framework for reducing greenhouse gas emissions and adapting to climate change

Employment Rights Act 1996: Primary legislation governing employment rights and responsibilities

Equality Act 2010: Legislation protecting against discrimination and promoting equality

Arbitration Act 1996: Framework for arbitration as a method of dispute resolution

Civil Procedure Rules: Rules governing civil litigation in England and Wales

Late Payment of Commercial Debts (Interest) Act 1998: Legislation allowing businesses to claim interest on late payments from other businesses

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Authors

Alex Denne

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