The Contract Between Builder And Subcontractor is essential for construction projects where specialized work needs to be delegated to qualified subcontractors. This agreement, governed by English and Welsh law, provides a comprehensive framework for managing subcontracted works, ensuring clear definition of responsibilities, payment terms, and quality standards. It incorporates requirements from relevant construction legislation, including the Construction Act and CDM Regulations, while protecting both parties' interests through specific provisions for insurance, warranties, and dispute resolution.
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1. Parties: Identification and details of the builder and subcontractor
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the contract
4. Scope of Works: Detailed description of works to be performed by the subcontractor
5. Duration and Programme: Contract duration, commencement date, completion date, and key milestones
6. Payment Terms: Payment amounts, schedule, mechanisms, and notice requirements
7. Contractor's Obligations: Main contractor's responsibilities and duties
8. Subcontractor's Obligations: Subcontractor's responsibilities, duties, and performance standards
9. Health and Safety: Safety requirements, CDM regulations compliance, and site safety procedures
10. Insurance and Liability: Required insurance coverage, indemnities, and liability provisions
11. Variations: Process for handling changes to scope or specifications
12. Termination: Grounds and procedures for contract termination
13. Dispute Resolution: Procedures for handling disputes between parties
14. General Provisions: Standard contractual provisions including notices, assignment, and governing law
1. Performance Bonds: Requirements for performance bonds when additional financial security is needed
2. Parent Company Guarantee: Provisions for parent company guarantees when working with subsidiary companies
3. Liquidated Damages: Predetermined damages for specific breaches where losses can be predicted
4. Warranties: Specific warranties for materials or workmanship
5. Retention: Provisions for retention of payments as security against defects
1. Schedule 1 - Scope of Works: Detailed specification of works including drawings and technical requirements
2. Schedule 2 - Programme of Works: Detailed timeline and milestone dates
3. Schedule 3 - Payment Schedule: Detailed breakdown of payments, rates, and payment mechanisms
4. Schedule 4 - Insurance Requirements: Specific insurance types and coverage levels required
5. Schedule 5 - Key Personnel: List of key personnel and their roles
6. Appendix A - Site Rules: Specific site regulations and requirements
7. Appendix B - Health and Safety Requirements: Detailed H&S procedures and requirements
8. Appendix C - Forms and Certificates: Standard forms and certificates to be used during the project
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