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Owner Subcontractor Agreement Template for England and Wales

An Owner Subcontractor Agreement is a legally binding contract under English and Welsh law that establishes the terms and conditions between a project owner and a subcontractor for the performance of specific works or services. It defines the scope of work, payment terms, timeline, responsibilities, and obligations of both parties, while ensuring compliance with UK construction laws and regulations, including the Housing Grants, Construction and Regeneration Act 1996.

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What is a Owner Subcontractor Agreement?

The Owner Subcontractor Agreement is a crucial document used when a project owner needs to directly engage specialized contractors for specific aspects of a construction or engineering project. This agreement, governed by English and Welsh law, provides a comprehensive framework for managing the relationship between the owner and subcontractor, including detailed provisions for scope, payment, quality standards, and risk allocation. The document ensures compliance with UK construction legislation, particularly the Construction Act and CDM Regulations, while protecting both parties' interests through clear definition of rights and obligations.

What sections should be included in a Owner Subcontractor Agreement?

1. Parties: Identification and details of the Owner (Employer) and Subcontractor

2. Background: Context of the agreement and relationship to main contract

3. Definitions and Interpretation: Key terms and interpretation rules used throughout the agreement

4. Scope of Works: Detailed description of works to be performed by Subcontractor

5. Payment Terms: Payment amounts, schedule, and mechanisms including payment notices

6. Duration and Programme: Project timeline, key milestones, and completion dates

7. Subcontractor Obligations: Core responsibilities and duties of the Subcontractor

8. Owner Obligations: Core responsibilities and duties of the Owner

9. Insurance and Liability: Required insurance coverage and liability provisions

10. Termination: Circumstances and procedures for contract termination

What sections are optional to include in a Owner Subcontractor Agreement?

1. Performance Security: Bonds or guarantees required when high-value contracts or risk mitigation is necessary

2. Liquidated Damages: Pre-agreed damages for specific breaches when losses can be predicted and quantified

3. Materials and Equipment: Provisions regarding supply and ownership of materials when significant materials or equipment are involved

4. Design Obligations: Design responsibilities and warranties when design services are included in scope

What schedules should be included in a Owner Subcontractor Agreement?

1. Schedule 1 - Scope of Works: Detailed specification of works to be performed

2. Schedule 2 - Programme: Detailed timeline and milestone dates

3. Schedule 3 - Payment Schedule: Detailed payment terms, rates and mechanisms

4. Schedule 4 - Site Information: Details about the construction site and conditions

5. Schedule 5 - Required Insurances: Detailed insurance requirements and coverage levels

6. Schedule 6 - Key Personnel: Details of key staff and their roles

7. Appendix A - Forms and Notices: Standard forms for payment, variations, etc.

8. Appendix B - Health and Safety Requirements: Specific H&S requirements and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Publisher

Ƶ

Cost

Free to use

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