Agreement Between Builder And Contractor Template for England and Wales

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Key Requirements PROMPT example:

Agreement Between Builder And Contractor

"I need an Agreement Between Builder And Contractor for a residential property development project in Manchester, where our building company will be hiring a specialist contractor for electrical installations, with work scheduled to commence in March 2025."

Document background

The Agreement Between Builder And Contractor is a crucial document in construction projects within England and Wales. It serves to clearly define the relationship between the primary builder and specialized contractors, establishing clear lines of responsibility, payment mechanisms, and project deliverables. This agreement is particularly important for ensuring compliance with UK construction legislation, including the Construction Act 2009 and CDM Regulations 2015. It should be used whenever a builder engages a contractor for specialized construction works, providing protection for both parties through clear terms, conditions, and dispute resolution procedures.

Suggested Sections

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

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

3. Definitions: Key terms used throughout the agreement

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

5. Contract Price and Payment Terms: Amount to be paid and payment schedule

6. Duration and Timeline: Project timeline, completion dates, and milestones

7. Obligations of the Contractor: Contractor's responsibilities and duties

8. Obligations of the Builder: Builder's responsibilities and duties

9. Insurance and Liability: Required insurance coverage and liability provisions

10. Termination: Circumstances and procedures for contract termination

Optional Sections

1. Variations and Changes: Procedures for handling changes to scope of work during the project

2. Liquidated Damages: Compensation for delay or breach of contract terms

3. Dispute Resolution: Procedures for handling disputes between parties

4. Force Majeure: Provisions for handling unforeseen circumstances and events beyond parties' control

5. Confidentiality: Provisions for protecting sensitive information and trade secrets

Suggested Schedules

1. Schedule of Works: Detailed breakdown of all works to be performed

2. Schedule of Rates: Breakdown of costs and pricing for different aspects of the work

3. Project Timeline: Detailed project schedule with milestones and completion dates

4. Insurance Certificates: Copies of required insurance policies and certificates

5. Site Plans and Drawings: Technical drawings and site specifications

6. Health and Safety Plan: Detailed health and safety procedures and requirements

7. Quality Assurance Plan: Quality standards, inspection procedures and acceptance criteria

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Relevant Teams

Relevant Roles

Industries

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

Construction Act 2009: Updates to the 1996 Act, introducing stricter payment rules and changes to adjudication provisions

Supply of Goods and Services Act 1982: Legislation governing the quality of services and materials provided in construction contracts

Contracts (Rights of Third Parties) Act 1999: Determines when third parties can enforce terms of a contract they're not directly party to

Defective Premises Act 1972: Imposes duties on builders regarding the quality and fitness of residential buildings

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

Health and Safety at Work Act 1974: Primary legislation for workplace health and safety requirements

Construction (Design and Management) Regulations 2015: Specific health and safety regulations for construction projects, including duties of all parties

Working at Height Regulations 2005: Specific regulations for managing work at height and associated risks

Employment Rights Act 1996: Basic employment rights and responsibilities relevant to construction workers

Working Time Regulations 1998: Rules on working hours, breaks, and leave entitlements

National Minimum Wage Act 1998: Requirements for minimum payment rates for workers

Environmental Protection Act 1990: Controls on environmental impact of construction activities

Control of Pollution Act 1974: Regulations on noise, waste, and other pollution from construction sites

Building Regulations 2010: Technical requirements for building work and construction standards

Building (Approved Inspectors etc.) Regulations 2010: Rules governing building control and inspection procedures

Consumer Rights Act 2015: Protection for consumers in construction contracts, if applicable

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices in construction contracts with consumers

Employers' Liability (Compulsory Insurance) Act 1969: Requirements for insurance coverage for employees

UK General Data Protection Regulation: Requirements for handling personal data in construction contracts and operations

Data Protection Act 2018: UK implementation of data protection requirements alongside UK GDPR

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Authors

Alex Denne

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