The New Home Construction Agreement is a crucial document used when a homeowner wishes to engage a builder for the construction of a new residential property in England and Wales. It provides comprehensive protection for both parties by clearly defining the scope of work, payment terms, timeline, and quality standards. The agreement ensures compliance with UK building regulations, planning laws, and consumer protection legislation. It's particularly important as it covers significant financial investment and long-term commitments, incorporating warranties and dispute resolution mechanisms specific to English law.
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1. Parties: Identifies and defines the contractor and homeowner
2. Background: Context of the agreement including property details and construction purpose
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Work: Detailed description of construction work to be performed
5. Contract Price and Payment Terms: Total cost and payment schedule including payment milestones
6. Timeline and Completion: Construction schedule, completion requirements, and provisions for delays
7. Warranties and Guarantees: Builder's warranties, quality guarantees, and defects liability period
8. Insurance and Indemnity: Insurance requirements and indemnification provisions
9. Site Access and Security: Provisions for site access, security, and safety measures
10. Variations: Process for handling changes to the scope of work
11. Default and Remedies: Consequences of default and available remedies
12. Termination: Conditions and process for contract termination
13. Dispute Resolution: Process for resolving disputes between parties
14. General Provisions: Standard contractual provisions including notices, assignment, and governing law
1. Financing Arrangements: Details of any mortgage or financing arrangements when external financing is involved
2. Environmental Provisions: Specific environmental requirements or protections for environmentally sensitive areas
3. Planning Permission: Details of planning permissions and conditions when specific permissions are required
4. Party Wall Agreements: Provisions relating to party wall notices and agreements when building affects neighboring properties
5. Utilities and Services: Provisions for connection and installation of utilities when specific arrangements are needed
1. Schedule 1: Construction Specifications: Detailed technical specifications, drawings, and plans for the construction
2. Schedule 2: Payment Schedule: Detailed breakdown of payment stages and amounts
3. Schedule 3: Materials Specification: List and specifications of materials to be used in construction
4. Schedule 4: Construction Timeline: Detailed project timeline with key milestones and deadlines
5. Appendix A: Planning Permissions: Copies of relevant planning permissions and approvals
6. Appendix B: Building Regulations Approval: Copies of building regulations approval documentation
7. Appendix C: Insurance Certificates: Copies of required insurance certificates and policies
8. Appendix D: Warranties: Copies of manufacturer warranties and guarantees
Relevant legal definitions
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