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Prime Contractor Agreement
"Need a Prime Contractor Agreement for a £50M commercial development project in Manchester, with specific provisions for phased completion and sustainability requirements, to be signed by March 2025."
1. Parties: Identifies and defines the contracting parties - the client/employer and the prime contractor
2. Background: Sets out context and purpose of the agreement, including project overview
3. Definitions and Interpretation: Defines key terms used throughout the agreement and rules of interpretation
4. Scope of Works: Details the works to be performed by the Prime Contractor, including general obligations
5. Contract Price and Payment: Specifies pricing, payment schedule, payment mechanisms, and provisions for late payment
6. Programme and Completion: Timeframes, milestones, completion requirements, and extension of time provisions
7. Contractor Obligations: Key responsibilities including quality standards, compliance with laws, and health and safety
8. Client Obligations: Key responsibilities including site access, approvals, and information provision
9. Variations: Process for managing changes to scope, specifications or contract terms
10. Testing and Completion: Requirements for testing, commissioning, and achieving practical completion
11. Defects: Handling of defects, defects liability period, and rectification obligations
12. Insurance and Liability: Insurance requirements and liability limitations
13. Termination: Grounds and process for contract termination and consequences
14. Dispute Resolution: Procedures for resolving disputes including mediation and arbitration
15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Design Responsibility: Detailed provisions for contractor's design obligations and professional indemnity requirements - used when contractor has design responsibilities
2. Value Engineering: Process for contractor to suggest cost optimization measures - typically used in complex or high-value projects
3. Performance Security: Requirements for performance bonds or parent company guarantees - used when additional financial security is required
4. Subcontracting: Detailed provisions for appointment and management of subcontractors - used when subcontracting is anticipated
5. BIM Protocol: Building Information Modeling requirements and protocols - used when BIM is required for the project
6. Environmental Requirements: Specific environmental obligations and sustainability requirements - used for projects with significant environmental impact
1. Schedule 1 - Scope of Works: Detailed specification of works to be performed, including drawings and technical requirements
2. Schedule 2 - Programme: Detailed timeline, milestone dates, and critical path requirements
3. Schedule 3 - Payment Schedule: Detailed payment terms, rates, and mechanisms including milestone payments
4. Schedule 4 - Key Personnel: Lists key staff and their roles, including qualification requirements
5. Schedule 5 - Site Information: Details about the construction site, access requirements, and existing conditions
6. Schedule 6 - Forms of Securities: Template documents for required bonds, warranties, and guarantees
7. Schedule 7 - Insurance Requirements: Detailed insurance specifications including types and levels of coverage
8. Schedule 8 - Quality Management Plan: Quality assurance and control requirements and procedures
Authors
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