Early Works Agreement Template for England and Wales

An Early Works Agreement is a legally binding document under English and Welsh law that enables certain construction or preparation works to commence before the main contract is finalized. It provides a framework for preliminary activities while protecting both parties' interests during this interim period. The agreement typically covers scope, payment terms, duration, and the relationship with the anticipated main contract, while ensuring compliance with UK construction legislation and regulations.

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What is a Early Works Agreement?

Early Works Agreements are utilized when there is a need to commence certain construction activities before the main contract terms are fully negotiated and executed. This document type is particularly relevant in time-sensitive projects where early mobilization or preliminary works can significantly benefit the overall project timeline. The agreement, governed by English and Welsh law, typically includes provisions for scope, payment, duration, and termination, while maintaining alignment with the anticipated main contract terms. Early Works Agreements help manage risk and establish clear responsibilities during the preliminary phase of construction projects.

What sections should be included in a Early Works Agreement?

1. Parties: Identification and details of contracting parties

2. Background: Context of the early works and relationship to main contract

3. Definitions: Key terms used throughout the agreement

4. Scope of Early Works: Detailed description of permitted preliminary works

5. Payment Terms: Payment mechanism, amounts, and timing in compliance with Housing Grants, Construction and Regeneration Act 1996

6. Duration: Timeframe for early works completion

7. Termination: Circumstances and process for ending the agreement

What sections are optional to include in a Early Works Agreement?

1. Interface with Main Contract: Provisions aligning early works with main contract terms when main contract is in parallel negotiation

2. Design Responsibilities: Designer obligations and liabilities when early works include design elements

3. Site Access: Access rights and restrictions when site access is required during early works

What schedules should be included in a Early Works Agreement?

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

2. Payment Schedule: Breakdown of costs and payment milestones

3. Programme: Timeline of early works activities and completion dates

4. Site Plan: Drawing showing work areas and access points

5. Insurance Requirements: Details of required insurance coverage and minimum limits

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

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Cost

Free to use

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