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Construction Retainer Agreement Template for England and Wales

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Key Requirements PROMPT example:

Construction Retainer Agreement

"I need a Construction Retainer Agreement for my mid-sized construction company to provide ongoing renovation services to a commercial property developer, with specific provisions for emergency repairs and a minimum monthly retainer of £10,000 starting March 2025."

Document background
The Construction Retainer Agreement is specifically designed for use in England and Wales when establishing a continuing professional relationship for construction services. This agreement is particularly useful when a client anticipates requiring regular construction services but cannot predict the exact scope or timing of individual projects. The document includes essential elements such as service scope, payment terms, professional obligations, and compliance with UK construction regulations. It provides flexibility while maintaining legal protection for both parties and ensures compliance with key legislation such as the Housing Grants, Construction and Regeneration Act 1996.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the retainer agreement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of construction services to be provided

5. Payment Terms: Fee structure, payment schedule, and invoicing procedures

6. Duration and Termination: Term of agreement and termination provisions

7. Professional Obligations: Standards of service and professional conduct requirements

8. Insurance Requirements: Mandatory insurance coverage specifications

Optional Sections

1. Intellectual Property Rights: IP ownership and licensing provisions - include when design work or creative services are involved

2. Force Majeure: Provisions for unforeseen circumstances - recommended for longer-term or high-value contracts

3. Dispute Resolution: Specific procedures for resolving disputes - recommended for complex projects or high-value contracts

Suggested Schedules

1. Schedule of Services: Detailed breakdown of construction services to be provided

2. Fee Schedule: Detailed breakdown of fees and payment structure

3. Insurance Schedule: Details of required insurance policies and coverage levels

4. Key Personnel Schedule: List of key team members and their roles

5. Programme Schedule: Timeline and key milestones for the services

Authors

Alex Denne

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

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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Housing Grants, Construction and Regeneration Act 1996: Key construction legislation covering payment provisions, statutory right to adjudication, and notice requirements for construction contracts

Late Payment of Commercial Debts (Interest) Act 1998: Governs interest charges and compensation related to late payments in commercial transactions

Supply of Goods and Services Act 1982: Establishes quality of service requirements and implied terms in service contracts

Construction (Design and Management) Regulations 2015: Regulates health and safety in construction projects, including duties of principal designers and contractors

Contracts (Rights of Third Parties) Act 1999: Governs third-party rights and enforcement provisions in contractual relationships

Common Law Contract Principles: Fundamental principles including offer, acceptance, consideration, and intention to create legal relations

Professional Standards Requirements: Industry-specific standards including RIBA/RICS requirements and codes of practice

Consumer Rights Act 2015: Consumer protection legislation applicable when client is an individual consumer

Unfair Contract Terms Act 1977: Regulates unfair terms in business-to-business contracts

UK GDPR and Data Protection Act 2018: Data protection and privacy requirements for handling personal information

Insurance Requirements: Mandatory insurance coverage including Professional Indemnity, Public Liability, and Employer's Liability Insurance

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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