The Residential Subcontractor Agreement is essential for managing relationships between contractors and subcontractors in residential construction projects under English and Welsh law. This document is typically used when a main contractor needs to engage specialized trade contractors for specific aspects of residential construction work. The agreement ensures clear definition of responsibilities, payment terms, and compliance requirements while protecting both parties' interests. It incorporates relevant UK construction legislation, including the Construction Act 1996 and CDM Regulations 2015, and addresses key aspects such as health and safety, insurance, and quality standards.
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1. Parties: Identification of the Contractor and Subcontractor, including full legal names and addresses
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement
4. Scope of Works: Detailed description of the services to be provided
5. Payment Terms: Payment amounts, schedule, and mechanisms
6. Duration: Project timeline, start date, and completion date
7. Health and Safety Obligations: Compliance with H&S regulations and responsibilities
8. Insurance Requirements: Mandatory insurance coverage and limits
9. Termination: Circumstances and procedures for contract termination
1. Performance Standards: Specific quality standards and KPIs - used for complex projects requiring specific quality metrics
2. Variations: Process for handling changes to scope - used for projects likely to require modifications
3. Liquidated Damages: Predetermined compensation for specific breaches - used when delay costs can be pre-estimated
4. Materials and Equipment: Provisions regarding supply and ownership of materials - used when materials supply is significant
1. Schedule 1 - Scope of Works: Detailed specification of works to be performed
2. Schedule 2 - Payment Schedule: Detailed breakdown of payments and milestones
3. Schedule 3 - Programme of Works: Detailed timeline and project milestones
4. Schedule 4 - Site Rules: Specific site regulations and procedures
5. Appendix A - Insurance Certificates: Copies of required insurance documentation
6. Appendix B - Health and Safety Documentation: Risk assessments and safety procedures
7. Appendix C - Qualifications and Certifications: Copies of relevant trade qualifications
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