General Contractor Contract With Owner Template for England and Wales

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Key Requirements PROMPT example:

General Contractor Contract With Owner

"I need a General Contractor Contract With Owner for a £5 million commercial office development in Manchester, with phased completion dates throughout 2025 and specific sustainability requirements to achieve BREEAM Excellent rating."

Document background

The General Contractor Contract With Owner is a fundamental document in construction projects under English and Welsh law. It is typically used when a property owner wishes to engage a main contractor to carry out construction works. The contract provides a comprehensive framework for managing the construction process, including detailed specifications, payment mechanisms, timeline commitments, and risk allocation. It incorporates key legislative requirements such as payment provisions under the Housing Grants, Construction and Regeneration Act 1996 and health and safety obligations under CDM Regulations 2015. This contract type is essential for protecting both parties' interests and ensuring clear understanding of project requirements and responsibilities.

Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the contract

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

5. Contract Sum: Price and payment terms including provisions under Housing Grants, Construction and Regeneration Act 1996

6. Programme: Timeline and completion dates for the construction project

7. Contractor Obligations: Key responsibilities and duties including compliance with Building Regulations and CDM requirements

8. Employer Obligations: Client responsibilities and duties including site access and information provision

9. Insurance Requirements: Required insurance coverage including employers' liability and professional indemnity

10. Health and Safety: Compliance with CDM Regulations 2015 and health and safety requirements

11. Quality Standards: Standards of workmanship and materials under Supply of Goods and Services Act 1982

12. Variations: Process for managing changes to the scope of works

13. Termination: Conditions for contract termination and consequences

14. Dispute Resolution: Process for resolving disputes including statutory adjudication rights

Optional Sections

1. Performance Bond: Security for performance, typically used for high-value contracts

2. Parent Company Guarantee: Additional financial security when contractor is subsidiary of larger company

3. Liquidated Damages: Pre-agreed damages for delay when specific completion date is crucial

4. Third Party Rights: Rights of third parties under the Contracts (Rights of Third Parties) Act 1999

5. Environmental Compliance: Additional environmental obligations under Environmental Protection Act 1990

Suggested Schedules

1. Schedule of Works: Detailed specification of works to be completed

2. Schedule of Rates: Breakdown of costs and pricing

3. Programme Schedule: Detailed timeline of works with key milestones

4. Insurance Schedule: Details of required insurance coverage and minimum amounts

5. Quality Standards Schedule: Detailed quality requirements and applicable standards

6. Site Information Schedule: Details about the construction site and conditions

7. Key Personnel Schedule: List of key contractor and client personnel and their roles

8. Payment Schedule: Detailed payment terms, milestones and mechanisms

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: Key construction legislation governing payment provisions, statutory adjudication rights, and notice requirements in construction contracts

Contracts (Rights of Third Parties) Act 1999: Legislation governing third-party rights and enforcement in contractual relationships

Supply of Goods and Services Act 1982: Establishes quality of service requirements and implied terms in contracts for goods and services

Late Payment of Commercial Debts (Interest) Act 1998: Regulates payment terms and interest provisions for late payments in commercial transactions

Building Act 1984: Primary legislation governing building works and establishing the framework for Building Regulations

Building Regulations 2010: Detailed technical requirements for building works ensuring standards of design and construction

Construction (Design and Management) Regulations 2015: Health and safety regulations specific to construction projects, defining principal contractor duties and responsibilities

Transfer of Undertakings (Protection of Employment) Regulations 2006: Protects employees' rights when business ownership changes, including in construction contracts involving transfer of staff

Working Time Regulations 1998: Governs working hours, rest periods, and leave entitlements for workers

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

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

Control of Pollution Act 1974: Regulates noise, pollution, and other environmental impacts from construction activities

Employers' Liability (Compulsory Insurance) Act 1969: Requires employers to maintain insurance against liability for injury or disease to their employees

Common Law Principles: Established case law principles governing contract formation, interpretation, and enforcement in England and Wales

Industry Standards: Standard form contracts and practices such as JCT (Joint Contracts Tribunal) and NEC (New Engineering Contract) forms

Local Planning Requirements: Regional and local planning regulations and permissions required for construction works

Building Control Requirements: Local authority or approved inspector requirements for inspection and approval of building works

EU Retained Law: European Union laws retained in UK legislation post-Brexit affecting construction contracts and standards

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Authors

Alex Denne

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