Main contractor Definition

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GLOSSARY

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What does Main contractor mean?

On a project where some of the work is sub-contracted, the main contractor (sometimes referred to also the head contractor) is the party which enters into a contract with the employer and is ultimately responsible for carrying out the works. The main contractor then sub-contracts some or all of the works to its sub-contractors.

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Step-in rights in a collateral warranty

Step-in rights in a collateral warranty It is standard practice in construction projects for the contractor, key sub-contractors and consultants (referred to in this Practice Note as warrantors) to provide collateral warranties to various parties, including funders and purchasers (referred to in this Practice Note as beneficiaries). See Practice Note: What are collateral warranties? The collateral warranty creates a direct contractual link between the beneficiary and the warrantor, without which the beneficiary would not have any right to claim from the warrantor in the event that it fails to properly perform its obligations under the building contract, sub-contract or appointment (as appropriate). A collateral warranty will contain an undertaking in respect of the obligations in the underlying contract, as well as dealing with matters such as copyright licences, assignment, professional indemnity insurance, and in some cases will included a step-in rights clause. This Practice Note explains what such step-in rights are, which parties will typically be granted step-in rights in a construction project, and looks at...

FIDIC contracts (pre-2017 editions)—termination by the Contractor

FIDIC contracts (pre-2017 editions)—termination by the Contractor This Practice Note considers termination by the Contractor under the FIDIC Red, Yellow and Silver Books 1999, the Gold Book 2008 and the Pink Book 2010. It does not address the right to terminate at law. Further, the governing law of the Contract may affect the operation of some of the clauses. In relation to the 2017 editions of the Red, Yellow and Silver Books, see Practice Note: FIDIC contracts 2017—termination by the Contractor. Who can terminate? Both the Employer and the Contractor may terminate the Contract. Clause 15 sets out the procedure for Employer termination and Clause 16 sets out the procedure for Contractor termination. Termination is also addressed in Sub-Clauses 9.4, 11.4 and 19.6, and in Sub-Clause 10.7 of the FIDIC Gold Book. For more information about termination by the Employer, see Practice Note: FIDIC contracts (pre-2017 editions)—termination by the Employer. The Contractor may terminate for cause or as a result of Force Majeure. It may not terminate for convenience....

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Teaming agreement—short form

Teaming agreement—short form This Agreement is made on [date] Parties 1 [Insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Party 1); and 2 [Insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Party 2) Each of Party 1 and Party 2 being a party and together the parties. BACKGROUND (A) Party 1 provides [insert description of goods and/or services]. (B) Party 2 provides [insert description of goods and/or services]. (C) The parties wish to submit a Bid as a joint tender to the Customer in response to the Invitation to Tender. (D) The parties wish to set out their obligations and regulate their rights in relation to the Bid and, if their Bid is successful, they intend to enter the Customer Contract[ and the Joint Venture Agreement] in accordance with this Agreement. The...

Generic short form of construction sub-contract

Generic short form of construction sub-contract Sub-contract agreement [Name of main contractor] (the Main Contractor), Company number: [insert Main Contractor’s company number] [Address of Main Contractor’s registered office] Sub-Contract No: [insert sub-contract number] Date: [insert date] This Sub-Contract is placed subject to the terms and conditions set out below. To: [insert name of Sub-Contractor] (the Sub-Contractor) Company number: [insert Sub-Contractor’s company number]Address: [insert address of Sub-Contractor’s registered office]Attention: [insert name of relevant persons at the Sub-Contractor] Sub-Contract Sum: £[insert sub-contract sum]Payment TermsInstalment 1: [insert date(s) for payment of instalment(s)] Amount £[insert amount]Instalment 2: [insert date(s) for payment of instalment(s)] Amount £[insert amount]Instalment 3: [insert date(s) for payment of instalment(s)] Amount £[insert amount]Completion of Sub-Contract Works: £[insert amount] Site: [insert name/details of site]Sub-Contract Works: [insert brief description of the sub-contract works][Goods: [insert brief description of goods]] as more particularly described in and supplemented by the following documents (the ‘Numbered Sub-Contract Documents’) which shall form part of the Sub-Contract: [insert name(s) of document(s) where works and/or goods described in detail]...

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