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Nominated Subcontractor Contract

Nominated Subcontractor Contract Template for England and Wales

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Key Requirements PROMPT example:

Nominated Subcontractor Contract

"I need a Nominated Subcontractor Contract for a specialist mechanical contractor who will be installing HVAC systems in our London office development, with works scheduled to commence in March 2025 and valued at £2.5 million."

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Document background
A Nominated Subcontractor Contract is essential when an employer wishes to maintain control over the selection of specialist contractors while keeping them under the main contractor's responsibility. This contract type, governed by English and Welsh law, establishes clear chains of responsibility, payment mechanisms, and performance requirements. It typically includes detailed specifications of works, programming requirements, and provisions for coordination with other contractors. The agreement ensures compliance with the Housing Grants, Construction and Regeneration Act 1996 and other relevant construction legislation, while maintaining alignment with the main contract terms.
Suggested Sections

1. Parties: Identifies the contracting parties: Main Contractor and Nominated Subcontractor

2. Background: Context of nomination and relationship to main contract

3. Definitions: Key terms used throughout the contract including definitions from relevant legislation

4. Scope of Works: Detailed description of subcontract works and responsibilities

5. Payment Terms: Payment mechanisms, valuation, timing and compliance with Construction Act requirements

6. Programme: Timing and sequence of works, including key milestones and coordination requirements

7. Main Contract Flow-Down: Relevant main contract terms that apply to subcontractor including obligations and risks

8. Quality Standards: Required quality standards, testing and inspection requirements

9. Health and Safety: CDM obligations and site safety requirements

10. Variations: Process for handling changes to the works

11. Termination: Grounds and procedures for contract termination

12. Dispute Resolution: Procedures for resolving disputes including statutory adjudication rights

Optional Sections

1. Performance Security: Requirements for bonds, guarantees or other forms of security

2. Insurance Requirements: Additional or specific insurance provisions beyond standard requirements

3. Design Responsibility: Design obligations and professional indemnity requirements for design portions

4. Materials and Goods: Specific requirements for materials procurement and handling

5. Intellectual Property: Rights and obligations regarding designs, documents and other IP

Suggested Schedules

1. Schedule 1 - Scope of Works: Detailed specification, drawings and works description

2. Schedule 2 - Programme: Detailed timeline, milestones and interface dates

3. Schedule 3 - Pricing Document: Rates, prices breakdown and valuation methodology

4. Schedule 4 - Main Contract Extracts: Relevant portions of main contract affecting subcontractor

5. Schedule 5 - Site Rules: Site-specific requirements, procedures and protocols

6. Schedule 6 - Forms of Bonds/Guarantees: Template forms for required security documents

7. Schedule 7 - Quality Management Plan: Detailed quality assurance and control procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions











































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Industries

Housing Grants, Construction and Regeneration Act 1996: Key legislation governing construction contracts, including payment provisions, adjudication rights, and payment notice requirements

Late Payment of Commercial Debts (Interest) Act 1998: Legislation dealing with statutory interest rates and payment terms in commercial contracts

Contracts (Rights of Third Parties) Act 1999: Legislation governing third-party rights and contract enforcement capabilities

Construction Act 2009: Updates to payment provisions and amendments to the Housing Grants, Construction and Regeneration Act 1996

Construction (Design and Management) Regulations 2015: Regulations covering health and safety requirements, principal contractor duties, and subcontractor obligations in construction projects

The Scheme for Construction Contracts: Provides default payment provisions and adjudication procedures for construction contracts

Common Law Principles: Legal principles covering contract formation, breach and remedies, and damages assessment

Building Regulations: Technical standards and compliance requirements for construction works

Public Procurement Rules: Including EU retained law and Public Contracts Regulations 2015, applicable for public sector projects

Modern Slavery Act 2015: Legislation requiring consideration of supply chain responsibilities and compliance requirements regarding modern slavery

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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