The Engineering and Construction Subcontract is essential for projects where specialized work packages need to be delegated to subcontractors. This document, governed by English and Welsh law, establishes clear contractual relationships, defines responsibilities, and manages risk allocation between parties. It includes detailed provisions for payment mechanisms, programming, variations, and quality standards, while ensuring compliance with UK construction legislation. The subcontract typically flows down relevant obligations from the main contract and incorporates industry-standard terms and practices.
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1. Parties: Identifies and defines the contracting parties (main contractor and subcontractor)
2. Background: Sets out context of the subcontract and relationship to main contract
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Works: Detailed description of subcontractor's obligations and works to be performed
5. Programme: Timing and sequence of works, including key milestones and completion dates
6. Payment Terms: Payment mechanisms, amounts, timing and notice requirements in compliance with Construction Act
7. Variations: Process for changing scope or specifications and associated cost/time implications
8. Insurance and Liability: Required insurance coverage, liability allocation and indemnities
9. Health and Safety: CDM obligations and site safety requirements
10. Termination: Circumstances and process for contract termination or suspension
1. BIM Protocol: Building Information Modelling requirements and protocols - include when project uses BIM
2. Performance Bond: Security for performance obligations - include when required by main contractor
3. Parent Company Guarantee: Additional security from parent company - include when subcontractor is subsidiary of larger organization
4. Design Responsibilities: Design obligations and professional indemnity requirements - include for design and build packages
5. Collateral Warranties: Third party rights and warranties - include when required by employer or funders
1. Schedule 1 - Scope of Works: Detailed specification of works including drawings and technical requirements
2. Schedule 2 - Programme: Detailed timeline, milestones and sequence of works
3. Schedule 3 - Pricing Schedule: Breakdown of prices, rates and valuation methodology
4. Schedule 4 - Design Responsibilities: Allocation of design responsibilities and required submissions
5. Schedule 5 - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
6. Appendix A - Main Contract Extracts: Relevant excerpts from main contract that flow down to subcontractor
7. Appendix B - Site Rules: Site-specific regulations, access requirements and working hours
8. Appendix C - Forms and Notices: Standard forms for payment applications, variations and other notices
Relevant legal definitions
Applicable Laws
Base Contract Price
CDM Regulations
Commencement Date
Completion Date
Construction Phase Plan
Contract Documents
Contract Period
Defects
Defects Liability Period
Delaying Events
Design Documents
Extension of Time
Force Majeure
Good Industry Practice
Health and Safety File
Intellectual Property Rights
Loss and Expense
Main Contract
Main Contractor
Materials
Method Statement
Payment Application
Payment Certificate
Payment Due Date
Practical Completion
Programme
Project
Project Manager
Quality Standards
Risk Assessment
Site
Site Rules
Specification
Subcontract
Subcontract Documents
Subcontract Works
Subcontractor
Supervisor
Temporary Works
Variations
Working Day
Works
Base Contract Price
CDM Regulations
Commencement Date
Completion Date
Construction Phase Plan
Contract Documents
Contract Period
Defects
Defects Liability Period
Delaying Events
Design Documents
Extension of Time
Force Majeure
Good Industry Practice
Health and Safety File
Intellectual Property Rights
Loss and Expense
Main Contract
Main Contractor
Materials
Method Statement
Payment Application
Payment Certificate
Payment Due Date
Practical Completion
Programme
Project
Project Manager
Quality Standards
Risk Assessment
Site
Site Rules
Specification
Subcontract
Subcontract Documents
Subcontract Works
Subcontractor
Supervisor
Temporary Works
Variations
Working Day
Works
Clauses
Scope of Works
Contract Price and Payment
Programme and Progress
Design Responsibilities
Quality Management
Health and Safety
Insurance and Indemnities
Performance Security
Variations
Extensions of Time
Suspension
Termination
Defects Liability
Intellectual Property
Confidentiality
Assignment and Subcontracting
Force Majeure
Dispute Resolution
Bonds and Guarantees
Materials and Workmanship
Site Access and Conditions
Testing and Inspection
Practical Completion
Risk Allocation
Warranties
Liquidated Damages
Environmental Compliance
Records and Audit
Notices
Governing Law and Jurisdiction
Contract Price and Payment
Programme and Progress
Design Responsibilities
Quality Management
Health and Safety
Insurance and Indemnities
Performance Security
Variations
Extensions of Time
Suspension
Termination
Defects Liability
Intellectual Property
Confidentiality
Assignment and Subcontracting
Force Majeure
Dispute Resolution
Bonds and Guarantees
Materials and Workmanship
Site Access and Conditions
Testing and Inspection
Practical Completion
Risk Allocation
Warranties
Liquidated Damages
Environmental Compliance
Records and Audit
Notices
Governing Law and Jurisdiction
Relevant Industries
Relevant Teams
Relevant Roles
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