Early Works Agreement Template for England and Wales

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Key Requirements PROMPT example:

Early Works Agreement

"I need an Early Works Agreement for a commercial office development in London, where we want the contractor to begin demolition and site preparation works while we finalize the main construction contract, with works starting in March 2025."

Document background
Early Works Agreements are utilized when there is a need to commence certain construction activities before the main contract terms are fully negotiated and executed. This document type is particularly relevant in time-sensitive projects where early mobilization or preliminary works can significantly benefit the overall project timeline. The agreement, governed by English and Welsh law, typically includes provisions for scope, payment, duration, and termination, while maintaining alignment with the anticipated main contract terms. Early Works Agreements help manage risk and establish clear responsibilities during the preliminary phase of construction projects.
Suggested Sections

1. Parties: Identification and details of contracting parties

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

3. Definitions: Key terms used throughout the agreement

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

5. Payment Terms: Payment mechanism, amounts, and timing in compliance with Housing Grants, Construction and Regeneration Act 1996

6. Duration: Timeframe for early works completion

7. Termination: Circumstances and process for ending the agreement

Optional Sections

1. Interface with Main Contract: Provisions aligning early works with main contract terms when main contract is in parallel negotiation

2. Design Responsibilities: Designer obligations and liabilities when early works include design elements

3. Site Access: Access rights and restrictions when site access is required during early works

Suggested Schedules

1. Schedule of Early Works: Detailed scope breakdown of works to be performed

2. Payment Schedule: Breakdown of costs and payment milestones

3. Programme: Timeline of early works activities and completion dates

4. Site Plan: Drawing showing work areas and access points

5. Insurance Requirements: Details of required insurance coverage and minimum limits

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

Housing Grants, Construction and Regeneration Act 1996: Key construction legislation covering payment provisions, statutory right to adjudication, and notice requirements for construction contracts in England and Wales

Contracts (Rights of Third Parties) Act 1999: Governs how third parties may enforce terms of a contract and the ability to exclude such rights in the Early Works Agreement

Supply of Goods and Services Act 1982: Sets out implied terms regarding quality of service, including the obligation to carry out services with reasonable care and skill

Late Payment of Commercial Debts (Interest) Act 1998: Provides statutory framework for charging interest on late commercial payments and compensation for late payment

Construction (Design and Management) Regulations 2015: Health and safety regulations specific to construction projects, including duties of principal contractors and designers

Public Contracts Regulations 2015: Regulations governing public procurement, relevant if the Early Works Agreement involves a public sector entity

Common Law Principles: Fundamental legal principles covering contract formation, breach remedies, misrepresentation, and negligence in English law

Professional Indemnity Insurance Requirements: Insurance obligations typically required for construction professionals and contractors in Early Works Agreements

Data Protection Act 2018 and UK GDPR: Legislation governing the processing and protection of personal data, applicable if personal information is handled under the agreement

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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