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Subcontractor Hold Harmless Agreement

Subcontractor Hold Harmless Agreement Template for England and Wales

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Key Requirements PROMPT example:

Subcontractor Hold Harmless Agreement

"I need a Subcontractor Hold Harmless Agreement for a construction project in Manchester, where my subcontractor will be performing high-risk demolition work starting March 2025, and I want comprehensive protection against any claims arising from their activities."

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Document background
A Subcontractor Hold Harmless Agreement is essential when engaging subcontractors for complex projects where risk allocation needs to be clearly defined. This document is particularly important in high-risk industries or where multiple parties are involved in project delivery. Under English and Welsh law, these agreements must be carefully drafted to ensure enforceability while maintaining reasonable terms. The agreement typically includes comprehensive indemnification provisions, insurance requirements, and specific circumstances under which the hold harmless provisions apply.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Scope of Indemnification: Details of what losses and liabilities are covered by the hold harmless agreement

5. Duration: Period during which the hold harmless provisions remain effective

6. Insurance Requirements: Minimum insurance coverage requirements for all parties

7. Governing Law: Specification of English and Welsh law as governing law

Optional Sections

1. Site Access Provisions: Rules for accessing work sites - include when work involves physical presence at specific locations

2. Intellectual Property Rights: Protection of IP rights - include when work involves creation or use of intellectual property

3. Confidentiality: Protection of sensitive information - include when parties will exchange confidential information

4. Force Majeure: Provisions for unforeseeable circumstances - include for long-term or high-value contracts

Suggested Schedules

1. Schedule of Insurance Requirements: Detailed insurance specifications and minimum coverage amounts

2. Schedule of Works: Detailed description of subcontractor's scope of work

3. Schedule of Rates: Payment terms and rates if applicable

4. Form of Insurance Certificates: Template certificates showing required insurance coverage

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions

























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Industries

Contracts (Rights of Third Parties) Act 1999: Governs how third parties may enforce terms of a contract and is crucial for hold harmless agreements that affect rights of parties not directly involved in the contract

Unfair Contract Terms Act 1977: Regulates the reasonableness and enforceability of contractual terms, particularly important for indemnity clauses in hold harmless agreements

Construction Act 1996: Housing Grants, Construction and Regeneration Act - Essential if the hold harmless agreement relates to construction projects, governing payment terms and dispute resolution

Construction (Design and Management) Regulations 2015: Specifies health and safety requirements in construction projects, affecting liability allocation in construction-related hold harmless agreements

Third Parties (Rights against Insurers) Act 2010: Relevant for insurance aspects of hold harmless agreements, particularly regarding third party rights against insurers

Insurance Act 2015: Governs insurance contracts and disclosure requirements, crucial for ensuring proper insurance coverage in hold harmless arrangements

Health and Safety at Work etc. Act 1974: Fundamental legislation governing workplace safety, affecting liability allocation and risk management in hold harmless agreements

Management of Health and Safety at Work Regulations 1999: Specifies detailed health and safety requirements that may affect liability allocation in hold harmless agreements

Employment Rights Act 1996: Relevant when hold harmless agreements involve matters affecting employment relationships or worker protection

Transfer of Undertakings (Protection of Employment) Regulations 2006: Important when hold harmless agreements involve business transfers or service provision changes affecting employees

Civil Procedure Rules: Governs court procedures in England and Wales, relevant for dispute resolution provisions in hold harmless agreements

Arbitration Act 1996: Provides framework for arbitration as an alternative dispute resolution method in hold harmless agreements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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