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Construction Service Contract Template for England and Wales

A Construction Service Contract is a legally binding agreement governed by the laws of England and Wales that establishes the terms and conditions between a contractor and an employer for the provision of construction services. It details the scope of works, payment terms, timeline, quality standards, and responsibilities of all parties involved. The contract incorporates key provisions from the Housing Grants, Construction and Regeneration Act 1996 and other relevant construction legislation, ensuring compliance with UK construction law and industry standards.

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What is a Construction Service Contract?

The Construction Service Contract is essential for any construction project in England and Wales where formal terms need to be established between a contractor and employer. This contract type is specifically designed to comply with UK construction law, including the Housing Grants, Construction and Regeneration Act 1996 and CDM Regulations 2015. It provides comprehensive coverage of project specifics, including scope, payment mechanisms, timelines, quality standards, and risk allocation. The document is particularly crucial for protecting both parties' interests and ensuring clear understanding of responsibilities and obligations throughout the construction process.

What sections should be included in a Construction Service Contract?

1. 1. Parties: Identifies and defines the contracting parties including their registered addresses and company details

2. 2. Background: Sets out the context of the agreement and brief description of the project

3. 3. Definitions and Interpretation: Defines key terms used throughout the contract and rules of interpretation

4. 4. Scope of Works: Detailed description of construction services to be provided, including standards and specifications

5. 5. Contract Price and Payment Terms: Details of the contract sum, payment schedule, valuation procedures, and payment notices as required by the Construction Act

6. 6. Programme: Project timeline, key milestone dates, completion dates and extension of time provisions

7. 7. Contractor Obligations: Key responsibilities including workmanship standards, compliance with laws, and CDM Regulations obligations

8. 8. Employer Obligations: Key responsibilities including site access, permits, and information provision

9. 9. Variations: Procedures for changes to the works and their valuation

10. 10. Insurance and Liability: Insurance requirements, liability caps, and indemnities

11. 11. Defects: Defects liability period, rectification procedures and warranties

12. 12. Termination: Grounds and procedures for contract termination and consequences

13. 13. Dispute Resolution: Procedures for resolving disputes including adjudication rights under the Construction Act

What sections are optional to include in a Construction Service Contract?

1. Design Responsibility: Allocation of design responsibilities and professional indemnity requirements - include when contractor has design obligations

2. Performance Security: Requirements for bonds, parent company guarantees or other security - include for high-value contracts

3. Liquidated Damages: Pre-agreed damages for delay or specific breaches - include when specific completion dates are critical

4. Materials and Goods: Specific provisions for materials, including ownership, storage and security - include for contracts with significant materials supply

5. Sub-contracting: Rules and procedures for appointment of sub-contractors - include when sub-contracting is anticipated

What schedules should be included in a Construction Service Contract?

1. Schedule 1 - Schedule of Works: Detailed specification of works including drawings, specifications and standards

2. Schedule 2 - Contract Price Breakdown: Detailed breakdown of the contract sum including rates and prices

3. Schedule 3 - Programme: Detailed construction programme showing sequence and timing of works

4. Schedule 4 - Site Information: Details about the construction site, access points and site conditions

5. Schedule 5 - Insurance Requirements: Detailed insurance requirements including types and levels of coverage

6. Schedule 6 - Forms of Certificates: Template certificates for payment, completion and making good defects

7. Schedule 7 - Drawing Register: List of all contract drawings and specifications

8. Schedule 8 - Key Personnel: Details of key personnel from both parties including contact details

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

Jurisdiction

England and Wales

Publisher

Genie AI

Cost

Free to use

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