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Construction Disbursement Agreement for the United Kingdom

Construction Disbursement Agreement Template for England and Wales

A Construction Disbursement Agreement is a legal document governed by the laws of England and Wales that establishes the terms and conditions for releasing funds during a construction project. It outlines the verification procedures, documentation requirements, and payment mechanics between the funding entity and the developer/borrower. The agreement ensures proper fund utilization, project progress monitoring, and compliance with construction regulations while protecting the interests of all parties involved.

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Construction Disbursement Agreement

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What is a Construction Disbursement Agreement?

The Construction Disbursement Agreement is essential for managing financial aspects of construction projects in England and Wales. It is typically used when significant funding is required for construction projects and establishes a structured framework for fund disbursement. The agreement details payment conditions, verification requirements, and compliance measures, ensuring proper fund utilization and project progress. This document is particularly crucial for protecting lenders' interests while facilitating smooth project execution through controlled fund release.

What sections should be included in a Construction Disbursement Agreement?

1. Parties: Identification and details of all contracting parties

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Disbursement Conditions: Prerequisites for releasing funds

5. Payment Mechanics: Process and timing of disbursements

6. Documentation Requirements: Required documentation for disbursement requests

7. Verification Process: Steps for verifying proper use of funds

What sections are optional to include in a Construction Disbursement Agreement?

1. Cost Overrun Provisions: Provisions for handling expenses exceeding initial budget - used for large-scale projects with significant cost uncertainty

2. Multiple Phase Provisions: Specific requirements for different project phases - used for projects with distinct construction phases

3. Security Arrangements: Additional security requirements for disbursements - used when additional financial security is required

What schedules should be included in a Construction Disbursement Agreement?

1. Schedule of Values: Detailed breakdown of construction costs and payment milestones

2. Form of Payment Application: Standard format for requesting disbursements

3. Required Documentation List: Comprehensive list of documents required for each disbursement

4. Project Timeline: Construction schedule with key milestones

5. Authorized Signatories: List of persons authorized to request/approve disbursements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Document Type

Project Agreement

Cost

Free to use
Relevant legal definitions













































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Industries

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

Late Payment of Commercial Debts (Interest) Act 1998: Regulates statutory interest rates and payment terms for commercial transactions in construction

Contracts (Rights of Third Parties) Act 1999: Governs third-party rights and their enforcement in construction contracts

Construction Act 2009: Updates to payment provisions and payment notification requirements in construction contracts

Building Regulations 2010: Sets standards for compliance with building standards and safety requirements in construction

Construction (Design and Management) Regulations 2015: Establishes health and safety considerations and project management requirements for construction projects

VAT Act 1994: Covers tax implications for payments and VAT reverse charge specific to construction industry

Money Laundering Regulations 2017: Establishes due diligence requirements and payment verification procedures

Public Contracts Regulations 2015: Governs procurement rules and payment terms requirements for public sector construction projects

Common Law Principles: Encompasses contract formation, consideration, breach remedies, and damages as established through case law

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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