The Subcontractor Contract Form is essential for construction and engineering projects in England and Wales where specialist works are subcontracted. This document establishes the legal framework for the relationship between main contractors and subcontractors, covering crucial elements such as scope of works, payment mechanisms, performance standards, and risk allocation. It ensures compliance with key legislation including the Construction Act 1996 and provides clear dispute resolution procedures. The form is particularly vital for projects requiring specialized expertise or where work packages need to be delegated to specialist contractors.
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1. Parties: Identifies the contracting parties and their registered addresses
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement
4. Scope of Works: Detailed description of services/works to be performed by the subcontractor
5. Payment Terms: Payment amounts, schedules, mechanisms and compliance with Construction Act requirements
6. Duration and Timeline: Project timeline, completion dates, and contract duration
7. Contractor Obligations: Main contractor's responsibilities and obligations
8. Subcontractor Obligations: Subcontractor's responsibilities including quality standards and compliance
9. Health and Safety: Safety requirements, CDM regulations compliance, and risk management
10. Insurance and Liability: Required insurance coverage and liability provisions
11. Warranties and Indemnities: Guarantees of work quality and indemnification provisions
12. Termination: Conditions and procedures for contract termination
13. Dispute Resolution: Procedures for handling disputes including adjudication provisions
14. General Provisions: Standard boilerplate clauses including notices, governing law, and entire agreement
1. Performance Bonds: Financial security requirements for high-value contracts
2. Parent Company Guarantee: Additional financial backing from parent company when working with subsidiary companies
3. Intellectual Property Rights: Ownership and usage rights of created materials when design work is involved
4. Environmental Compliance: Specific environmental obligations for projects with environmental impact
5. Data Protection: GDPR and data protection compliance requirements when personal data is processed
1. Schedule 1 - Scope of Works: Detailed specification and drawings of works to be performed
2. Schedule 2 - Pricing Schedule: Detailed breakdown of costs, rates and payment terms
3. Schedule 3 - Programme of Works: Detailed timeline, milestone dates and completion schedule
4. Schedule 4 - Site Rules and Procedures: Specific site requirements and operational procedures
5. Schedule 5 - Key Personnel: Details of key staff and their responsibilities
6. Schedule 6 - Insurance Requirements: Detailed insurance specifications and minimum coverage levels
7. Schedule 7 - Forms and Certificates: Standard forms for applications, certificates and notices
8. Schedule 8 - Quality Standards: Specific quality requirements and standards to be met
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