Agreement Between Developer And Contractor for the United Kingdom

Agreement Between Developer And Contractor Template for England and Wales

A legally binding agreement governed by English and Welsh law that establishes the relationship between a developer and a contractor for construction works. The agreement details the scope of works, payment terms, timeline, obligations of both parties, insurance requirements, and dispute resolution procedures. It incorporates relevant construction legislation and industry standards while providing mechanisms for project management and risk allocation.

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What is a Agreement Between Developer And Contractor?

The Agreement Between Developer And Contractor is a fundamental document in construction projects under English and Welsh law. It is used when a developer wishes to engage a contractor to carry out construction works, whether for new builds, renovations, or infrastructure projects. The agreement provides comprehensive coverage of project specifics, including scope, timeline, payment terms, and risk allocation. It incorporates requirements from the Housing Grants, Construction and Regeneration Act 1996 and other relevant legislation, while allowing flexibility to accommodate project-specific needs and industry standards.

What sections should be included in a Agreement Between Developer And Contractor?

1. Parties: Identifies and defines the Developer and Contractor, including full legal names, registered addresses, and company numbers

2. Background: Context of the agreement, project overview, and key objectives

3. Definitions: Key terms used throughout the agreement, including project-specific terminology

4. Scope of Works: Detailed description of works to be performed, including specifications and standards

5. Contract Price and Payment Terms: Financial terms, payment schedule, payment mechanisms, and VAT provisions

6. Programme and Completion: Timeline, milestones, completion requirements, and extension of time provisions

7. Contractor Obligations: Key responsibilities and duties of the contractor, including compliance with laws and regulations

8. Developer Obligations: Key responsibilities and duties of the developer, including site access and information provision

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

10. Termination: Circumstances and procedures for contract termination, including consequences of termination

What sections are optional to include in a Agreement Between Developer And Contractor?

1. Performance Bond: Requirements for performance security and bond provisions for high-value projects

2. Parent Company Guarantee: Provisions for guarantee from contractor's parent company when additional security is needed

3. Intellectual Property: Rights and obligations regarding intellectual property for design services or innovative solutions

4. Liquidated Damages: Pre-determined damages for specific breaches where losses can be predicted

5. Dispute Resolution: Specific procedures for resolving disputes, including mediation and arbitration provisions

What schedules should be included in a Agreement Between Developer And Contractor?

1. Schedule of Works: Detailed specification and scope of works to be performed

2. Programme: Detailed timeline, milestone dates, and completion requirements

3. Site Information: Details about the construction site, including surveys and existing conditions

4. Payment Schedule: Detailed breakdown of payments, milestone payments, and payment terms

5. Required Insurances: Specific insurance requirements, levels of coverage, and duration

6. Form of Collateral Warranties: Template warranties for third parties and beneficiaries

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

Cost

Free to use

Relevant legal definitions

Clauses

Relevant Industries

Accounting
Financial Services
Tax Advisory
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Relevant Teams

Accounting
Tax
Audit
Corporate Finance
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Relevant Roles

Chartered Accountant
Managing Partner
Tax Partner
Audit Partner
Senior Partner

Industries

Housing Grants, Construction and Regeneration Act 1996: Key construction legislation that governs payment terms, adjudication rights, and dispute resolution in construction contracts. Amended by the Local Democracy, Economic Development and Construction Act 2009.

Supply of Goods and Services Act 1982: Regulates contracts for the supply of goods and services, implying terms about quality and fitness for purpose.

Late Payment of Commercial Debts (Interest) Act 1998: Allows businesses to claim interest on late payments in commercial transactions.

Contracts (Rights of Third Parties) Act 1999: Governs how third parties may enforce terms of contracts made for their benefit.

Defective Premises Act 1972: Imposes duties on contractors regarding the quality of workmanship and fitness for habitation.

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

Construction (Design and Management) Regulations 2015: Health and safety regulations specific to construction projects, defining roles and responsibilities of all parties.

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

Working Time Regulations 1998: Governs maximum working hours, rest breaks, and holiday entitlements.

Environmental Protection Act 1990: Controls environmental impacts of construction activities including waste management and pollution.

Town and Country Planning Act 1990: Regulates development and land use in England and Wales.

Building Regulations 2010: Sets standards for design, construction, and alterations to buildings.

Employment Rights Act 1996: Defines basic employment rights and responsibilities.

Equality Act 2010: Prohibits discrimination and promotes equality in the workplace.

Modern Slavery Act 2015: Requires businesses to ensure their supply chains are free from slavery and human trafficking.

Data Protection Act 2018: Implementation of UK GDPR, governing how personal data must be handled and protected.

Bribery Act 2010: Criminalizes bribery and corruption, requiring businesses to have adequate prevention procedures.

Companies Act 2006: Primary legislation governing company formation and operation in the UK.

Value Added Tax Act 1994: Governs VAT obligations and procedures in construction contracts.

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What is a Agreement Between Developer And Contractor?

What sections should be included in a Agreement Between Developer And Contractor?

What sections are optional to include in a Agreement Between Developer And Contractor?

What schedules should be included in a Agreement Between Developer And Contractor?

Authors

Alex Denne

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