A Nominated Subcontractor Contract is essential when an employer wishes to maintain control over the selection of specialist contractors while keeping them under the main contractor's responsibility. This contract type, governed by English and Welsh law, establishes clear chains of responsibility, payment mechanisms, and performance requirements. It typically includes detailed specifications of works, programming requirements, and provisions for coordination with other contractors. The agreement ensures compliance with the Housing Grants, Construction and Regeneration Act 1996 and other relevant construction legislation, while maintaining alignment with the main contract terms.
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1. Parties: Identifies the contracting parties: Main Contractor and Nominated Subcontractor
2. Background: Context of nomination and relationship to main contract
3. Definitions: Key terms used throughout the contract including definitions from relevant legislation
4. Scope of Works: Detailed description of subcontract works and responsibilities
5. Payment Terms: Payment mechanisms, valuation, timing and compliance with Construction Act requirements
6. Programme: Timing and sequence of works, including key milestones and coordination requirements
7. Main Contract Flow-Down: Relevant main contract terms that apply to subcontractor including obligations and risks
8. Quality Standards: Required quality standards, testing and inspection requirements
9. Health and Safety: CDM obligations and site safety requirements
10. Variations: Process for handling changes to the works
11. Termination: Grounds and procedures for contract termination
12. Dispute Resolution: Procedures for resolving disputes including statutory adjudication rights
1. Performance Security: Requirements for bonds, guarantees or other forms of security
2. Insurance Requirements: Additional or specific insurance provisions beyond standard requirements
3. Design Responsibility: Design obligations and professional indemnity requirements for design portions
4. Materials and Goods: Specific requirements for materials procurement and handling
5. Intellectual Property: Rights and obligations regarding designs, documents and other IP
1. Schedule 1 - Scope of Works: Detailed specification, drawings and works description
2. Schedule 2 - Programme: Detailed timeline, milestones and interface dates
3. Schedule 3 - Pricing Document: Rates, prices breakdown and valuation methodology
4. Schedule 4 - Main Contract Extracts: Relevant portions of main contract affecting subcontractor
5. Schedule 5 - Site Rules: Site-specific requirements, procedures and protocols
6. Schedule 6 - Forms of Bonds/Guarantees: Template forms for required security documents
7. Schedule 7 - Quality Management Plan: Detailed quality assurance and control procedures
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