Construction Referral Fee Agreement Template for England and Wales

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Key Requirements PROMPT example:

Construction Referral Fee Agreement

"I need a Construction Referral Fee Agreement to establish a referral arrangement with a property developer in London, where we'll pay 2% of project value for successful referrals of construction projects over £1 million, starting from March 2025."

Document background
The Construction Referral Fee Agreement is essential for businesses operating in the construction sector in England and Wales who wish to formalize referral arrangements. This document is particularly relevant when construction companies, developers, or consultants want to establish a structured approach to rewarding third parties for bringing new business opportunities. The agreement ensures compliance with UK construction regulations, defines clear payment terms, and protects both parties' interests while maintaining transparency in referral relationships. It includes specific provisions for fee calculations, payment triggers, and compliance with relevant legislation including the Construction Act 1996 and the Bribery Act 2010.
Suggested Sections

1. Parties: Identification and details of the referrer and recipient of referrals

2. Background: Context of the agreement and brief description of the referral arrangement

3. Definitions: Key terms used throughout the agreement including 'Referral', 'Referral Fee', 'Services'

4. Referral Arrangements: Core obligations regarding the referral process and requirements

5. Fee Structure: Calculation method and payment terms for referral fees

6. Duration and Termination: Term of agreement and circumstances for termination

7. Confidentiality: Obligations regarding confidential information

Optional Sections

1. Non-Compete: Restrictions on competing activities when parties want to prevent referrals to competitors

2. Data Protection: GDPR compliance provisions for when personal data will be shared as part of referrals

3. Professional Indemnity: Insurance requirements for high-value construction project referrals

4. Anti-Bribery: Compliance with anti-bribery legislation for high-value agreements or public sector work

Suggested Schedules

1. Schedule 1 - Fee Calculator: Detailed breakdown of fee calculation methods

2. Schedule 2 - Referral Process: Step-by-step process for making and accepting referrals

3. Schedule 3 - Reporting Requirements: Templates and timing for referral reporting

4. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms if required

5. Appendix B - Service Level Agreement: Performance metrics and service standards

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

Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Bribery Act 2010: Key legislation to ensure referral fees don't constitute illegal inducements or corrupt practices. Must ensure fee arrangements are transparent and legitimate.

Construction Act 1996: Housing Grants, Construction and Regeneration Act - fundamental legislation governing construction contracts and payment mechanisms in the UK.

Construction (Design and Management) Regulations 2015: Regulations governing health and safety in construction projects, relevant when defining roles and responsibilities in referral arrangements.

Companies Act 2006: Primary legislation governing company operations and corporate relationships, relevant for corporate parties in the agreement.

Contracts (Rights of Third Parties) Act 1999: Legislation determining how third parties may enforce terms of a contract, crucial for referral arrangements involving multiple parties.

UK GDPR: Data protection regulation ensuring proper handling of personal data in referral processes and information sharing.

Data Protection Act 2018: UK's implementation of data protection requirements, governing how personal information must be handled in referral relationships.

Privacy and Electronic Communications Regulations: Regulations governing electronic communications and marketing, relevant for digital referral processes.

Financial Services and Markets Act 2000: Relevant when referral arrangements involve regulated financial activities or services.

Consumer Rights Act 2015: Important when referral arrangements might involve consumers, ensuring consumer protection requirements are met.

Consumer Protection from Unfair Trading Regulations 2008: Protects consumers from unfair practices, relevant if referral scheme involves consumer-facing activities.

RICS Professional Standards: Professional standards and guidance from the Royal Institution of Chartered Surveyors, relevant for construction industry referrals.

Money Laundering Regulations 2017: The Money Laundering, Terrorist Financing and Transfer of Funds Regulations, ensuring referral arrangements don't facilitate financial crime.

Competition Act 1998: Ensures referral arrangements don't breach competition law or create anti-competitive practices in the construction industry.

Enterprise Act 2002: Additional competition law considerations, particularly relevant for larger scale referral arrangements that might affect market competition.

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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