Construction Industry Sub-contracts and Architect's Terms
These Construction Industry Contracts have been professionally drafted for use by those involved in construction projects.
At present the folder comprises four subfolders containing a selection of sub-contracts that a builder or main contractor can use and a further subfolder of architect’s documents.
The sub-contract documents are suitable where a builder or main contractor engages a sub-contractor on any small-scale construction project and can be used for any type of sub-contractor: plumbers, electricians, tilers, roofers, etc. These sub-contracts are divided into subfolders according to their payment arrangements. The agreements in the first subfolder provide for payment in one lump sum on completion of the works. The second subfolder’s agreements provide for payment in instalments on production of an invoice from the sub-contractor. The third subfolder contains templates in which the contractor initiates the payment process by serving a payment notice on the sub-contractor. The fourth subfolder has sub-contractor agreements that are suitable for more complex projects.
The fifth subfolder contains the various architect documents. These can be used when an architect is working on a small/medium sized construction project.
The documents are constructed in an open Word format, and can be customised to meet your requirements. Please click on the links below to view further details.
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Frequently Asked Questions
I am a builder or main contractor engaging a subcontractor, which sub-contract should I use? +
Choose by how the subcontractor gets paid. There are three shorter forms: one paying a lump sum on completion, one paying instalments against the subcontractor's invoice and one paying instalments after the contractor issues a payment notice. A fourth, longer form suits larger or more complex projects and adds variations, extensions of time and delay compensation. All work for any trade, plumber, electrician, roofer or similar. Pick the payment method that matches your job, then step up to the longer form if the project is substantial.
Do the construction payment and adjudication rules apply to my subcontract? +
Almost certainly yes. A construction subcontract between a main contractor and a subcontractor is a construction contract under the Housing Grants, Construction and Regeneration Act 1996, so the statutory payment and adjudication rules apply, including the right to adjudicate at any time. The residential occupier exclusion does not save you here: it only covers a contract directly with someone having work done on their own home, not the subcontract beneath it. So your subcontract must meet the Act's payment requirements.
What is retention and a defects liability period in these subcontracts? +
Retention is a portion of the subcontractor's payment the contractor holds back as security. It is released after the defects liability period ends, provided the subcontractor has put right any defects that appeared. It protects you if problems show up after the work looks finished. Several of these templates include retention and a defects liability period. They are contractual mechanisms you set in the agreement, not statutory requirements, so the amounts and periods are for you to agree.
Can either party refer a dispute to adjudication? +
Yes. Under the Housing Grants, Construction and Regeneration Act 1996 a party to a construction contract has the right to refer a dispute to adjudication at any time, and the adjudicator normally decides within 28 days. Adjudication gives a quick, binding interim decision that holds until the dispute is finally resolved by court, arbitration or agreement. Because the right is statutory, it applies to these subcontracts whether or not the contract mentions it. It is a fast route to resolve payment and other disputes.
Are there documents for architects too? +
Yes. A separate subfolder covers architects working on small to medium construction projects: their terms of business, the appointment agreement and a licence to use the plans they produce. It deals with the architect's services before and during a project and the intellectual property in their drawings. If you are an architect rather than a builder, that is the set to use. The subcontract templates are for contractors engaging trades.
