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Construction Agreement Between Client And Contractor Template for England and Wales

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Key Requirements PROMPT example:

Construction Agreement Between Client And Contractor

"I need a Construction Agreement Between Client And Contractor for a £5 million commercial office building project in Manchester, with specific provisions for sustainable materials and phased completion dates throughout 2025."

Document background
The Construction Agreement Between Client And Contractor is a fundamental document in construction projects under English and Welsh law. It's essential for projects where a client engages a contractor to carry out construction works, whether for new builds, renovations, or infrastructure projects. The agreement provides clarity on scope, cost, time, quality, and risk allocation, while ensuring compliance with UK construction legislation, including the Construction Act and CDM Regulations. It serves as the primary reference point for project delivery and dispute resolution.
Suggested Sections

1. 1. Parties: Identification and details of the Client and Contractor

2. 2. Background: Context of the agreement and brief project overview

3. 3. Definitions: Key terms used throughout the agreement

4. 4. Scope of Works: Detailed description of works to be performed

5. 5. Contract Price and Payment Terms: Payment amounts, schedule, and mechanisms

6. 6. Programme and Completion: Project timeline, completion dates, and milestones

7. 7. Contractor Obligations: Key responsibilities and duties of the contractor

8. 8. Client Obligations: Key responsibilities and duties of the client

9. 9. Variations: Process for handling changes to scope or specifications

10. 10. Defects: Defects liability period and remediation process

11. 11. Insurance and Liability: Insurance requirements and liability allocation

12. 12. Termination: Grounds and procedures for contract termination

13. 13. Dispute Resolution: Procedures for resolving disputes including adjudication

14. 14. General Provisions: Boilerplate clauses including notices, governing law

Optional Sections

1. Design Responsibility: Required when contractor has design obligations in design and build contracts

2. Performance Bonds: Security for performance requirements for high-value projects

3. Parent Company Guarantee: Additional financial security when contractor is subsidiary of larger organization

4. Collateral Warranties: Third-party rights and warranties for funders, purchasers or tenants

5. BIM Protocol: Building Information Modeling requirements where BIM is being used

Suggested Schedules

1. Schedule 1 - Contract Documents: List of all documents forming part of the contract

2. Schedule 2 - Specification: Detailed technical requirements and standards

3. Schedule 3 - Drawings: All construction drawings and plans

4. Schedule 4 - Programme: Detailed project timeline and milestones

5. Schedule 5 - Payment Schedule: Detailed breakdown of payments and milestone payments

6. Schedule 6 - Site Information: Details about the construction site and conditions

7. Schedule 7 - Insurance Requirements: Detailed insurance obligations and coverage levels

8. Schedule 8 - Forms of Bonds/Guarantees: Template forms for any required bonds or guarantees

9. Schedule 9 - Collateral Warranty Forms: Template forms for collateral warranties if required

Authors

Alex Denne

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

Relevant legal definitions

















































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Industries

Housing Grants, Construction and Regeneration Act 1996: Primary legislation governing construction contracts, including payment provisions and statutory right to adjudication. Includes amendments from Local Democracy, Economic Development and Construction Act 2009.

Contracts (Rights of Third Parties) Act 1999: Legislation governing third-party rights and step-in provisions in construction contracts.

Supply of Goods and Services Act 1982: Legislation covering quality standards for construction work and materials supplied.

Health and Safety at Work etc. Act 1974: Core legislation establishing fundamental health and safety obligations in construction work.

Building Act 1984: Primary legislation establishing the building control system and building regulations.

Building Regulations 2010: Detailed regulations setting standards for design and construction of buildings.

Construction (Design and Management) Regulations 2015: Regulations governing health, safety and welfare in construction, including responsibilities of all parties involved.

Environmental Protection Act 1990: Legislation covering environmental protection requirements in construction activities.

Control of Pollution Act 1974: Legislation controlling pollution from construction activities, including noise control.

Party Wall etc. Act 1996: Legislation governing works affecting party walls and adjacent properties.

Working Time Regulations 1998: Regulations governing working hours and conditions on construction sites.

Transfer of Undertakings (Protection of Employment) Regulations 2006: Regulations protecting employees' rights when business ownership changes (TUPE).

Public Contracts Regulations 2015: Regulations governing public sector construction procurement and contracts.

Modern Slavery Act 2015: Legislation ensuring prevention of modern slavery in construction supply chains.

Bribery Act 2010: Anti-corruption legislation affecting construction contracts and business relationships.

Data Protection Act 2018: Legislation governing handling of personal data in construction projects, incorporating UK GDPR requirements.

Common Law Principles: Legal principles established through case law covering contract formation, breach, damages, negligence, and limitation periods in construction contracts.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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