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Early Works Agreement for the United States

Early Works Agreement Template for United States

An Early Works Agreement is a contractual document used in the United States construction industry that permits certain preliminary construction activities to commence before the main construction contract is finalized. It typically covers initial site preparation, demolition, or preliminary design work while the parties negotiate the final terms of the main construction contract. The agreement is governed by federal and state construction laws and includes specific provisions for scope, payment, duration, and transition to the main contract.

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What is a Early Works Agreement?

Early Works Agreements are essential tools in construction projects where time is of the essence and certain activities need to begin before finalizing the main construction contract. These agreements are particularly common in the United States when projects face tight deadlines or seasonal constraints. An Early Works Agreement typically includes detailed provisions for preliminary activities, payment terms, insurance requirements, and conditions for transitioning to the main contract. It helps manage risk while allowing progress to begin, particularly in complex projects where contract negotiations may be lengthy.

What sections should be included in a Early Works Agreement?

1. Parties: Identification and details of contracting parties

2. Background: Context and purpose of the early works agreement

3. Definitions: Key terms used throughout the agreement

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

5. Payment Terms: Compensation, payment schedule, and invoicing procedures

6. Duration: Term of the early works period

7. Insurance Requirements: Required insurance coverage and limits

What sections are optional to include in a Early Works Agreement?

1. Transition to Main Contract: Terms for converting to main construction contract - used when main contract is anticipated

2. Site Access: Terms for accessing the construction site - used when site access needs special consideration

3. Environmental Management: Environmental protection measures - used for environmentally sensitive projects

What schedules should be included in a Early Works Agreement?

1. Schedule of Rates: Detailed pricing for labor, materials, and equipment

2. Scope of Early Works: Detailed description of permitted activities

3. Program of Works: Timeline and sequence of early works activities

4. Insurance Certificates: Copies of required insurance documentation

5. Site Plan: Drawings showing work areas and access points

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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Clauses



































Industries

Contract Law: Includes state-specific contract laws, Uniform Commercial Code (UCC), and common law principles of contract formation that govern the basic elements and enforcement of the agreement

Construction Law: Encompasses state-specific construction laws and regulations, building codes and permits, and construction lien laws that regulate construction activities and protect contractors' rights

Labor Laws: Covers Fair Labor Standards Act (FLSA), Occupational Safety and Health Act (OSHA), state-specific labor laws, and Davis-Bacon Act requirements for worker protection and compensation

Insurance and Liability: Addresses state insurance requirements, workers' compensation laws, and professional liability requirements to manage risk and protect all parties

Environmental Regulations: Includes EPA requirements, state environmental protection laws, Clean Air Act and Clean Water Act requirements for environmental compliance

Licensing Requirements: Covers state contractor licensing laws, professional licensing requirements, and local business permits necessary for legal operation

Property Laws: Addresses property access rights, easements, and right-of-way considerations for site access and work execution

Payment Security: Includes Prompt Payment Acts, Miller Act provisions for federal projects, and state-specific payment bond requirements to ensure proper compensation

Dispute Resolution: Covers state-specific arbitration laws, Alternative Dispute Resolution (ADR) requirements, and mediation procedures for handling conflicts

Local Ordinances: Encompasses municipal construction requirements, zoning laws, and local permitting requirements specific to the project location

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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