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Contract Between Builder And Subcontractor

Contract Between Builder And Subcontractor Template for England and Wales

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Key Requirements PROMPT example:

Contract Between Builder And Subcontractor

"I need a Contract Between Builder And Subcontractor for a residential development project in Manchester, where we require specialist electrical installation works valued at £250,000 to be completed by March 2025, with specific provisions for staged payments and quality testing."

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Document background
The Contract Between Builder And Subcontractor is essential for construction projects where specialized work needs to be delegated to qualified subcontractors. This agreement, governed by English and Welsh law, provides a comprehensive framework for managing subcontracted works, ensuring clear definition of responsibilities, payment terms, and quality standards. It incorporates requirements from relevant construction legislation, including the Construction Act and CDM Regulations, while protecting both parties' interests through specific provisions for insurance, warranties, and dispute resolution.
Suggested Sections

1. Parties: Identification and details of the builder and subcontractor

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the contract

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

5. Duration and Programme: Contract duration, commencement date, completion date, and key milestones

6. Payment Terms: Payment amounts, schedule, mechanisms, and notice requirements

7. Contractor's Obligations: Main contractor's responsibilities and duties

8. Subcontractor's Obligations: Subcontractor's responsibilities, duties, and performance standards

9. Health and Safety: Safety requirements, CDM regulations compliance, and site safety procedures

10. Insurance and Liability: Required insurance coverage, indemnities, and liability provisions

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

12. Termination: Grounds and procedures for contract termination

13. Dispute Resolution: Procedures for handling disputes between parties

14. General Provisions: Standard contractual provisions including notices, assignment, and governing law

Optional Sections

1. Performance Bonds: Requirements for performance bonds when additional financial security is needed

2. Parent Company Guarantee: Provisions for parent company guarantees when working with subsidiary companies

3. Liquidated Damages: Predetermined damages for specific breaches where losses can be predicted

4. Warranties: Specific warranties for materials or workmanship

5. Retention: Provisions for retention of payments as security against defects

Suggested Schedules

1. Schedule 1 - Scope of Works: Detailed specification of works including drawings and technical requirements

2. Schedule 2 - Programme of Works: Detailed timeline and milestone dates

3. Schedule 3 - Payment Schedule: Detailed breakdown of payments, rates, and payment mechanisms

4. Schedule 4 - Insurance Requirements: Specific insurance types and coverage levels required

5. Schedule 5 - Key Personnel: List of key personnel and their roles

6. Appendix A - Site Rules: Specific site regulations and requirements

7. Appendix B - Health and Safety Requirements: Detailed H&S procedures and requirements

8. Appendix C - Forms and Certificates: Standard forms and certificates to be used during the project

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

alex.den.21@genieai.co
Relevant legal definitions






































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Industries

Housing Grants, Construction and Regeneration Act 1996: Primary legislation governing construction contracts, including payment terms and dispute resolution. Amended by Construction Act 2009.

Construction Act 2009: Key amendments to the 1996 Act, updating payment provisions and adjudication procedures in construction contracts.

Supply of Goods and Services Act 1982: Establishes implied terms about quality of service and materials in construction contracts.

Contracts (Rights of Third Parties) Act 1999: Governs how third parties may enforce terms of a contract between builder and subcontractor.

Late Payment of Commercial Debts (Interest) Act 1998: Provides for statutory interest on late payments in commercial transactions.

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

Construction (Design and Management) Regulations 2015: Specific regulations governing health and safety duties in construction projects.

Working at Height Regulations 2005: Specific safety requirements for work at height in construction projects.

Employment Rights Act 1996: Fundamental employment rights that may affect subcontractor relationships.

Working Time Regulations 1998: Governs maximum working hours and rest periods for workers.

Environmental Protection Act 1990: Environmental obligations and waste management requirements for construction work.

Building Act 1984: Primary legislation governing building works and regulations.

Building Regulations 2010: Detailed technical requirements for construction works.

Employers' Liability (Compulsory Insurance) Act 1969: Mandatory insurance requirements for employers in construction.

The Scheme for Construction Contracts: Default payment and adjudication provisions for construction contracts.

Consumer Rights Act 2015: Protections that may apply if the ultimate client is a consumer.

Unfair Contract Terms Act 1977: Limitations on exclusion clauses and unfair terms in contracts.

Data Protection Act 2018: UK implementation of GDPR, governing handling of personal data.

Modern Slavery Act 2015: Requirements regarding prevention of forced labor and human trafficking.

Equality Act 2010: Anti-discrimination legislation affecting employment and service provision.

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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