Early Works Agreement

Early Works Agreement Template for Singapore

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Key Requirements PROMPT example:

"I need an Early Works Agreement for a commercial building project in Singapore where the contractor will begin site preparation and foundation work in March 2025, while we finalize the main construction contract. The project value is approximately SGD 2.5 million for the early works phase."

What is a Early Works Agreement?

Early Works Agreements are utilized in Singapore construction projects when there is a need to commence certain construction activities while the main contract is still being negotiated. This document type is particularly relevant under Singapore's construction law framework, which includes the Building and Construction Industry Security of Payment Act and BCA regulations. The Early Works Agreement typically includes provisions for scope definition, payment terms, risk allocation, and integration with the eventual main contract, while ensuring compliance with Singapore's strict construction safety and regulatory requirements. It serves as a crucial tool for project acceleration while maintaining legal protection for all parties involved.

What sections should be included in a Early Works Agreement?

1. Parties: Identification of contracting parties, including full legal names and addresses

2. Background: Context of the early works, relationship to main contract, and purpose of agreement

3. Definitions: Key terms used throughout the agreement

4. Scope of Early Works: Detailed description of permitted preliminary works and exclusions

5. Duration: Commencement date and duration of early works

6. Payment Terms: Payment schedule, amounts, and mechanisms

7. Contractor Obligations: Key responsibilities and duties of the contractor

8. Principal Obligations: Key responsibilities and duties of the principal

9. Insurance Requirements: Mandatory insurance coverage and limits

10. Termination: Termination rights and processes

What sections are optional to include in a Early Works Agreement?

1. Interface with Main Contract: Relationship with main construction contract when main contract is already executed or being negotiated

2. Value Engineering: Provisions for cost optimization and design improvements when early contractor involvement in design is desired

3. Environmental Management: Specific environmental obligations for environmentally sensitive projects

4. Community Relations: Management of community impact for works in densely populated areas

What schedules should be included in a Early Works Agreement?

1. Schedule 1 - Scope of Early Works: Detailed description of permitted works including drawings and specifications

2. Schedule 2 - Program: Detailed timeline and milestones

3. Schedule 3 - Payment Schedule: Detailed breakdown of payments and timing

4. Schedule 4 - Site Plan: Plans showing work areas and access points

5. Schedule 5 - Insurance Requirements: Detailed insurance specifications

6. Schedule 6 - Key Personnel: List of key personnel from both parties

7. Appendix A - Forms and Notices: Standard forms for notifications and approvals

8. Appendix B - Safety Requirements: Detailed safety procedures and requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 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

Clauses

Relevant Industries

Commercial Real Estate
Residential Development
Infrastructure
Industrial
Healthcare

Relevant Teams

Legal
Commercial
Operations
Procurement
Risk Management
Construction
Contract Administration

Relevant Roles

Project Director
Construction Manager
Contract Manager
Commercial Director
Legal Counsel
Project Manager
Risk Manager
Procurement Manager

Industries

Building and Construction Law: Includes Building and Construction Authority (BCA) regulations, Building Control Act, Building Maintenance and Strata Management Act, and Building Construction and Timber Industries Employees' Union requirements

Contract Law: Encompasses Contract Law (Amendment) Act, Contracts (Rights of Third Parties) Act, and Electronic Transactions Act for electronic contracts

Safety and Labor Regulations: Covers Workplace Safety and Health Act, Work Injury Compensation Act, Employment Act, and Construction Safety and Health regulations

Professional Requirements: Includes Architects Act, Professional Engineers Act, and Licensed Builders requirements

Environmental Laws: Comprises Environmental Protection and Management Act and Environmental Public Health Act

Payment Security: Building and Construction Industry Security of Payment Act (SOPA) and SOPA Regulations

Planning and Development: Includes Planning Act, Urban Redevelopment Authority (URA) guidelines, and land use regulations

Dispute Resolution: Covers Arbitration Act, Mediation Act, and Singapore International Arbitration Centre (SIAC) rules

Insurance Requirements: Includes Contractors' All Risks Insurance, Professional Indemnity Insurance, and Public Liability Insurance requirements

Property Law: Encompasses Land Titles Act and Conveyancing and Law of Property Act

Scope Definition: Key contractual consideration covering the extent and limitations of early works to be performed

Payment Terms: Contractual provisions for payment schedules, mechanisms, and conditions

Risk Allocation: Distribution of risks between parties and associated responsibilities

Permits and Approvals: Required governmental and regulatory permissions needed before and during early works

Termination Provisions: Conditions and procedures for contract termination

Main Contract Integration: Provisions for how the early works agreement will integrate with or transition to the main contract

Health and Safety Obligations: Specific requirements for maintaining workplace safety and health standards

Environmental Compliance: Requirements for environmental protection and management during early works

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Let's create your Early Works Agreement

What is a Early Works Agreement?

What sections should be included in a Early Works Agreement?

What sections are optional to include in a Early Works Agreement?

What schedules should be included in a Early Works Agreement?

Authors

Alex Denne

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