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Hold Harmless Agreement For Contractors Template for England and Wales

A Hold Harmless Agreement for Contractors is a legal document used in England and Wales that provides protection against liability claims between contracting parties. It establishes clear terms for risk allocation and indemnification, typically used in construction and development projects. The agreement specifies which party assumes specific risks and responsibilities, outlines insurance requirements, and defines the scope of protection. Under English law, such agreements are subject to the Unfair Contract Terms Act 1977 and cannot exclude liability for death or personal injury caused by negligence.

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What is a Hold Harmless Agreement For Contractors?

Hold Harmless Agreement For Contractors are essential risk management tools in construction and development projects across England and Wales. These agreements are particularly important when multiple parties are involved in high-risk activities or complex projects. The document establishes who bears responsibility for various risks, sets out insurance requirements, and provides clarity on liability limitations. It's commonly used alongside main construction contracts to provide additional protection and certainty for all parties involved. The agreement must comply with English law, particularly the Unfair Contract Terms Act 1977 and construction industry regulations.

What sections should be included in a Hold Harmless Agreement For Contractors?

1. Parties: Identification of the indemnifier and indemnitee

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

3. Definitions: Key terms used throughout the agreement

4. Scope of Indemnification: Specific activities and risks covered by the agreement

5. Duration: Term of the hold harmless agreement

6. Insurance Requirements: Minimum insurance coverage requirements

7. Governing Law: Jurisdiction and applicable law

What sections are optional to include in a Hold Harmless Agreement For Contractors?

1. Third Party Rights: Additional provisions regarding rights of third parties under the agreement

2. Dispute Resolution: Specific procedures for resolving disputes between parties

3. Severability: Provisions specifying the continued validity of remaining clauses if parts are found invalid

What schedules should be included in a Hold Harmless Agreement For Contractors?

1. Schedule of Works: Detailed description of contractor activities covered under the agreement

2. Insurance Schedule: Specific insurance requirements and minimum coverage amounts

3. Site Details: Information about the work location and specific site risks

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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