Residential Subcontractor Agreement Template for England and Wales

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Key Requirements PROMPT example:

Residential Subcontractor Agreement

"I need a Residential Subcontractor Agreement for a large house renovation project in London, where we'll be engaging a specialist plumbing contractor for a 6-month period starting March 2025, with specific focus on payment milestones and quality standards."

Document background
The Residential Subcontractor Agreement is essential for managing relationships between contractors and subcontractors in residential construction projects under English and Welsh law. This document is typically used when a main contractor needs to engage specialized trade contractors for specific aspects of residential construction work. The agreement ensures clear definition of responsibilities, payment terms, and compliance requirements while protecting both parties' interests. It incorporates relevant UK construction legislation, including the Construction Act 1996 and CDM Regulations 2015, and addresses key aspects such as health and safety, insurance, and quality standards.
Suggested Sections

1. Parties: Identification of the Contractor and Subcontractor, including full legal names and addresses

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Scope of Works: Detailed description of the services to be provided

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

6. Duration: Project timeline, start date, and completion date

7. Health and Safety Obligations: Compliance with H&S regulations and responsibilities

8. Insurance Requirements: Mandatory insurance coverage and limits

9. Termination: Circumstances and procedures for contract termination

Optional Sections

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

2. Variations: Process for handling changes to scope - used for projects likely to require modifications

3. Liquidated Damages: Predetermined compensation for specific breaches - used when delay costs can be pre-estimated

4. Materials and Equipment: Provisions regarding supply and ownership of materials - used when materials supply is significant

Suggested Schedules

1. Schedule 1 - Scope of Works: Detailed specification of works to be performed

2. Schedule 2 - Payment Schedule: Detailed breakdown of payments and milestones

3. Schedule 3 - Programme of Works: Detailed timeline and project milestones

4. Schedule 4 - Site Rules: Specific site regulations and procedures

5. Appendix A - Insurance Certificates: Copies of required insurance documentation

6. Appendix B - Health and Safety Documentation: Risk assessments and safety procedures

7. Appendix C - Qualifications and Certifications: Copies of relevant trade qualifications

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
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Construction Act 1996: Housing Grants, Construction and Regeneration Act - Provides framework for construction contracts including payment terms and dispute resolution

CDM Regulations 2015: Construction (Design and Management) Regulations - Sets out health and safety requirements for construction projects

Scheme for Construction Contracts 1998: Provides default provisions for construction contracts in England and Wales that don't meet the requirements of the Construction Act

Employment Rights Act 1996: Establishes basic employment rights and responsibilities in the UK

Working Time Regulations 1998: Governs maximum working hours, rest breaks, and holiday entitlements

National Minimum Wage Act 1998: Sets minimum payment requirements for workers in the UK

Agency Workers Regulations 2010: Protects rights of agency workers and temporary staff

IR35 Legislation: Tax legislation affecting contractors working through intermediary companies

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

COSHH Regulations 2002: Control of Substances Hazardous to Health - Regulates exposure to hazardous substances in the workplace

Work at Height Regulations 2005: Governs safety requirements for working at height

Building Act 1984: Primary legislation governing building works and standards

Building Regulations 2010: Sets minimum standards for design, construction and alterations to buildings

Unfair Contract Terms Act 1977: Regulates contracts by restricting how far terms can exclude or limit liability

Consumer Rights Act 2015: Protects consumer rights and applies when homeowner is considered a consumer

Employers' Liability Insurance Act 1969: Requires employers to maintain insurance against liability for employees' injuries or diseases

UK GDPR: Regulates the processing and handling of personal data

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

Environmental Protection Act 1990: Controls waste management and environmental pollution

Late Payment of Commercial Debts Act 1998: Provides for interest to be paid on the late payment of commercial debts

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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