Civil Engineering Consultancy Agreement Template for England and Wales

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Key Requirements PROMPT example:

Civil Engineering Consultancy Agreement

"I need a Civil Engineering Consultancy Agreement for a large infrastructure project in Manchester, where we'll be engaging a consultant for bridge design and structural analysis services starting March 2025, with specific requirements for BIM compliance and sustainability reporting."

Document background
The Civil Engineering Consultancy Agreement is essential for projects requiring professional engineering expertise in England and Wales. It defines the relationship between the consultant and client, establishing clear parameters for service delivery, quality standards, and risk allocation. This agreement is particularly important for infrastructure, construction, and development projects where specialized engineering input is crucial. The document ensures compliance with UK construction legislation, professional standards, and industry best practices while protecting both parties' interests through clear terms and conditions.
Suggested Sections

1. Parties: Identification and details of the consultant and client

2. Background: Context of the agreement and brief description of the project

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

4. Appointment and Scope of Services: Formal appointment of consultant and detailed description of services to be provided

5. Consultant's Obligations: Core duties and responsibilities of the consultant

6. Client's Obligations: Core duties and responsibilities of the client

7. Fees and Payment: Fee structure, payment terms, and invoicing procedures

8. Insurance and Liability: Insurance requirements and limitation of liability provisions

9. Intellectual Property: Ownership and usage rights of project documents and designs

10. Term and Termination: Duration of agreement and termination provisions

Optional Sections

1. Performance Standards: Specific quality standards and KPIs - used for complex projects requiring specific performance metrics

2. Force Majeure: Provisions for unforeseen circumstances - recommended for long-term or high-risk projects

3. Warranties: Additional guarantees of performance or quality - used when specific assurances are required

4. Step-in Rights: Client's right to take over services - recommended for critical infrastructure projects

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees and payment structure

3. Schedule 3 - Project Programme: Timeline and key milestones

4. Schedule 4 - Key Personnel: List of key team members and their roles

5. Schedule 5 - Insurance Requirements: Detailed insurance specifications

6. Appendix A - Project Brief: Detailed project requirements and specifications

7. Appendix B - Form of Professional Indemnity Insurance: Standard form of PI insurance certificate

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Industries

Construction Act 1996: Housing Grants, Construction and Regeneration Act - Governs construction contracts, payment terms, and dispute resolution in the construction industry

CDM Regulations 2015: Construction (Design and Management) Regulations - Sets out the legal duties for health, safety and welfare in construction projects

Supply of Goods and Services Act 1982: Establishes implied terms in contracts for the supply of services, including the requirement to carry out services with reasonable care and skill

Contracts (Rights of Third Parties) Act 1999: Allows third parties to enforce terms of contracts that benefit them, relevant for project stakeholders

Late Payment of Commercial Debts (Interest) Act 1998: Provides for statutory interest on late payments in commercial transactions

Engineering Council Regulations: Professional regulations governing registered engineers and their conduct

ICE Professional Code of Conduct: Institution of Civil Engineers code setting professional standards and ethics for civil engineers

Health and Safety at Work Act 1974: Primary legislation for workplace health and safety in the UK

Management of Health and Safety at Work Regulations 1999: Detailed requirements for workplace risk assessments and safety management

Environmental Protection Act 1990: Framework for environmental protection and waste management in construction activities

Environment Act 2021: Updated environmental legislation including new requirements for biodiversity and air quality

UK GDPR: Data protection regulations governing the processing of personal data

Data Protection Act 2018: UK's implementation of data protection requirements, working alongside UK GDPR

Professional Indemnity Insurance Requirements: Mandatory insurance coverage for professional services and advice

Employment Rights Act 1996: Primary legislation governing employment relationships and rights

Equality Act 2010: Prohibits discrimination and promotes equality in professional services and employment

Copyright, Designs and Patents Act 1988: Protects intellectual property rights in designs, documents, and other works created during the project

Building Act 1984: Framework legislation for building regulations and control

Building Regulations 2010: Detailed technical requirements for construction works

British Standards: Technical standards and specifications applicable to civil engineering works in the UK

Eurocodes: European structural design standards still applicable in UK practice post-Brexit

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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