Construction Consulting Contract for the United Kingdom

Construction Consulting Contract Template for England and Wales

A Construction Consulting Contract governed by the laws of England and Wales establishes the terms and conditions for professional consulting services in construction projects. It defines the scope of services, responsibilities, payment terms, and professional standards while ensuring compliance with UK construction legislation, including the Housing Grants, Construction and Regeneration Act 1996 and CDM Regulations 2015. The contract provides a framework for managing the consultant-client relationship and protecting both parties' interests throughout the project lifecycle.

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What is a Construction Consulting Contract?

The Construction Consulting Contract is essential for formalizing professional consulting arrangements in construction projects within England and Wales. This contract type is specifically designed to address the complexities of modern construction consulting, including project management, technical advisory, and specialist services. It incorporates key requirements from relevant legislation and industry standards, providing clear guidelines for service delivery, risk allocation, and dispute resolution. The document is particularly important for ensuring compliance with UK construction laws while protecting both consultants' and clients' interests throughout the project duration.

What sections should be included in a Construction Consulting Contract?

1. Parties: Identifies and defines the contracting parties

2. Background: Provides context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the consulting services to be provided, including obligations under CDM Regulations 2015 if applicable

5. Fees and Payment Terms: Specifies compensation and payment arrangements in compliance with the Housing Grants, Construction and Regeneration Act 1996

6. Duration and Termination: Sets contract term and termination conditions

7. Professional Standards: Establishes required quality standards and professional conduct as per Supply of Goods and Services Act 1982

8. Insurance and Liability: Details insurance requirements, liability limitations and professional indemnity requirements

9. Health and Safety: Outlines health and safety obligations under CDM Regulations 2015 and Health and Safety at Work Act

10. Compliance: Addresses compliance with relevant legislation including Data Protection, Modern Slavery Act, and Bribery Act

What sections are optional to include in a Construction Consulting Contract?

1. Intellectual Property Rights: Include when consultant creates designs or other intellectual property during the project

2. Non-Compete and Confidentiality: Include when protecting sensitive commercial interests or confidential information

3. Force Majeure: Include when specific risk allocation for unforeseen events is required

4. Third Party Rights: Include when third parties may need to rely on or enforce terms of the contract

What schedules should be included in a Construction Consulting Contract?

1. Schedule 1 - Scope of Services: Detailed breakdown of consulting services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Project Timeline: Key dates, deliverables, and milestones

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

5. Schedule 5 - Insurance Requirements: Detailed insurance requirements and minimum coverage levels

6. Appendix A - Form of Professional Indemnity Insurance: Template certificates and coverage details for professional indemnity insurance

7. Appendix B - Form of Payment Application: Standard format for submitting payment applications

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

Jurisdiction

England and Wales

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Housing Grants, Construction and Regeneration Act 1996: Key construction legislation governing payment provisions, adjudication rights, and notice requirements in construction contracts

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third-party rights and obligations are handled in construction contracts

Supply of Goods and Services Act 1982: Sets out requirements for quality of service and obligations for reasonable care and skill in service provision

Construction (Design and Management) Regulations 2015: Regulations covering health and safety obligations, principal designer duties, and client obligations in construction projects

RIBA/RICS Professional Conduct Rules: Professional regulations applicable to architects and surveyors providing consulting services

ARB Code of Conduct: Regulatory requirements for architectural services and professional conduct

Professional Indemnity Insurance Requirements: Mandatory insurance requirements for construction consultants

Data Protection Act 2018 and UK GDPR: Legislation governing the handling and protection of personal and project data

Equality Act 2010: Legislation ensuring non-discrimination in service provision and employment

Modern Slavery Act 2015: Requirements for supply chain compliance and prevention of modern slavery

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

Health and Safety at Work etc. Act 1974: Fundamental legislation establishing general safety obligations in the workplace

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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