Collaboration Agreement Between Builder And Owner Template for England and Wales

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Key Requirements PROMPT example:

Collaboration Agreement Between Builder And Owner

"I need a Collaboration Agreement Between Builder And Owner for a large residential renovation project in London, with specific focus on staged payments and a detailed variation procedure, as we expect significant changes during the build which starts in March 2025."

Document background

The Collaboration Agreement Between Builder And Owner is essential for construction projects in England and Wales where clear terms need to be established between the parties. This document is particularly important for defining project scope, responsibilities, payment terms, and risk allocation. It ensures compliance with UK construction legislation, including the Construction Act and CDM Regulations, while protecting both parties' interests. The agreement is suitable for various construction projects, from residential renovations to commercial developments, and can be adapted to different project sizes and complexities while maintaining legal enforceability under English and Welsh law.

Suggested Sections

1. Parties: Identification and details of the Builder and Owner

2. Background: Context of the collaboration and brief project overview

3. Definitions: Key terms used throughout the agreement including relevant legislation references

4. Scope of Works: Detailed description of construction work to be undertaken

5. Project Timeline: Key dates, milestones, and completion deadlines

6. Payment Terms: Payment schedule, amounts, and mechanisms in accordance with the Housing Grants, Construction and Regeneration Act 1996

7. Obligations and Responsibilities: Specific duties of both Builder and Owner, including compliance with Building Regulations and CDM 2015

8. Insurance and Liability: Required insurance coverage and liability provisions as per Defective Premises Act 1972

9. Termination: Conditions and process for ending the agreement

10. Governing Law: Confirmation of applicable law and jurisdiction (England and Wales)

Optional Sections

1. Variations: Process for handling changes to scope and associated cost implications

2. Dispute Resolution: Specific procedures for resolving disagreements and statutory adjudication provisions

3. Intellectual Property: Rights over designs and documentation, including third-party rights

4. Force Majeure: Provisions for unforeseen circumstances affecting project delivery

5. Confidentiality: Protection of sensitive information and compliance with UK GDPR

Suggested Schedules

1. Schedule of Works: Detailed breakdown of construction activities and specifications

2. Payment Schedule: Detailed payment milestones, amounts, and VAT considerations

3. Project Specifications: Technical requirements and materials specifications complying with Building Regulations

4. Plans and Drawings: Architectural and construction drawings approved by relevant authorities

5. Insurance Certificates: Copies of required insurance policies including professional indemnity and public liability

6. Building Permissions: Planning permissions, building approvals, and other statutory consents

7. Health and Safety Plan: CDM documentation, risk assessments, and safety procedures

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Construction
Real Estate
Architecture
Infrastructure

Relevant Teams

Construction
Legal
Operations
Project Management
Commercial
Property Development
Procurement
Risk Management
Finance
Health & Safety

Relevant Roles

Construction Manager
Project Manager
Property Developer
Site Manager
Contracts Manager
Building Contractor
Construction Director
Property Owner
Architect
Quantity Surveyor
Construction Lawyer

Industries

Housing Grants, Construction and Regeneration Act 1996: Primary legislation governing construction contracts, including payment terms and dispute resolution procedures

Construction Act 2009: Updates to the 1996 Act, providing additional regulations for construction contracts and payment mechanisms

Supply of Goods and Services Act 1982: Legislation governing the quality of goods and services provided in construction contracts

Consumer Rights Act 2015: Protects consumers in construction contracts when the owner is a private individual

Contracts (Rights of Third Parties) Act 1999: Governs how third parties may be given enforceable rights in construction contracts

Building Act 1984: Framework legislation for building regulations and control of building work

Building Regulations 2010: Detailed technical requirements for construction work and building standards

Building (Local Authority Charges) Regulations 2010: Governs fees and charges related to building control functions

Health and Safety at Work etc Act 1974: Primary legislation for workplace health and safety in construction

Construction (Design and Management) Regulations 2015: Specific health and safety regulations for construction projects

Work at Height Regulations 2005: Safety requirements for working at height during construction

Environmental Protection Act 1990: Controls environmental impact of construction activities

Party Wall etc. Act 1996: Regulates work affecting party walls and adjacent properties

Control of Pollution Act 1974: Controls pollution and noise from construction activities

Town and Country Planning Act 1990: Primary legislation governing planning permission requirements

Planning and Compulsory Purchase Act 2004: Additional planning regulations affecting construction projects

Working Time Regulations 1998: Regulates working hours and conditions on construction sites

Employment Rights Act 1996: Governs employment relationships in construction projects

Defective Premises Act 1972: Imposes duties regarding the quality of workmanship and materials

Occupiers' Liability Acts 1957 and 1984: Defines duties owed to visitors and trespassers on construction sites

Late Payment of Commercial Debts (Interest) Act 1998: Governs interest on late payments in commercial construction contracts

Value Added Tax Act 1994: Regulates VAT treatment of construction works and services

UK GDPR: Regulates handling of personal data in construction contracts and projects

Data Protection Act 2018: UK's implementation of data protection requirements

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Authors

Alex Denne

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