Model clause

Climate Aligned Construction Waste Management

Francis' Clause

Contractual obligations in respect of the usage of materials and waste management to ensure consequential GHGs are minimised.

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Why use this?

Francis' Clause can be integrated into both Traditional and Design and Build Construction Contracts. It imposes:

- Contractual obligations in respect of the usage of materials and waste management to ensure consequential GHGs are minimised.

- Requirements to carry out early assessment of materials usage to understand exactly what materials are required and how much of each such that materials are not wasted unnecessarily.

- Obligations to prepare a Site Waste Management Plan (SWMP) on all projects, regardless of size or complexity.

- KPIs in respect of recycling, reusing, and disposing of waste materials.

How it promotes a net zero future

Make contractors/subcontractors accountable for managing materials and waste to reduce landfill waste and the associated GHG emissions and reduce pollution to waterways caused by landfill waste.

Disclaimer - please read

The clauses on this website (and published in our Climate Contract Playbook) have been prepared in good faith on a pro bono basis and are free to download and use. The clauses have been drafted and edited by a variety of lawyers and, as such, the approaches to drafting may not conform to any particular drafting norms. We acknowledge this as a consequence of the collaborative drafting process.

The clauses on this website (and published in our Climate Contract Playbook) are provided on an ‘as is’ basis and without any representation or warranty as to accuracy or that the clauses will achieve the relevant climate goal or any other outcome.

This website (and the Climate Contract Playbook) does not comprise, constitute or provide personal, specific or individual recommendations or advice of any kind, and does not contain legal or financial advice. The clauses are precedents for legal professionals to use, amend and negotiate using their professional skill and judgement and at their own risk.

While care has been taken in the drafting of these clauses, neither The Chancery Lane Project nor any of its contributors owe a duty of care to any party in relation to their preparation and do not accept any liability for any errors or omissions, nor for any loss incurred by any person relying on or using these clauses or any other person. Users should use their own professional judgement in the application of these clauses to any particular circumstance or jurisdiction or seek independent legal advice.

At present, all the clauses are based on the laws of England and Wales. We encourage the conversion of these precedent clauses for use in other jurisdictions.

The clause

Additional Definitions 

Diverted Waste means all Waste Materials that are recycled, reused, salvaged, composted or otherwise diverted from landfills or incineration.

Site Waste Management Plan means the site waste management plan in the form set out at [Schedule/ Appendix/Annex [x]] (approved by the Employer acting reasonably and without delay).

Waste Materials means spoil, waste, rubbish, debris, materials or goods or surplus materials generated by or used in undertaking the Works which are not incorporated into the Works at practical completion.

Additional Clauses 

SITE WASTE MANAGEMENT

1.1. The Contractor shall ensure materials are managed efficiently and Waste Materials (which cannot be converted to Diverted Waste) are disposed of in accordance with [the Law/ Statutory Requirements].

1.2. The Contractor shall use best endeavours to minimise any Waste Materials and to turn Waste Materials into Diverted Waste where possible.

1.3. The Contractor shall where possible propose amendments to the Works which, if instructed as a Change, may result in a reduction of Waste Materials in carrying out the Works or the Completed Works.

1.4. The Contractor shall undertake the Works in accordance with the Site Waste Management Plan.

1.5. The Contractor shall ensure that the Site Waste Management Plan is kept up to date throughout the Project and where a Change is instructed the Contractor shall, after consultation with the Employer’s Agent, update the Site Waste Management Plan where necessary and provide it to the Employer for approval.

1.6. The Contractor shall ensure that original waste transfer notes are retained and delivered to the Employer on a monthly basis and so that they can be included in the Health and Safety File.

1.7. The Contractor shall provide to the Employer all information that the Employer reasonably requests regarding the environmental disposal of Waste Materials.

[SCHEDULE/APPENDIX/ANNEX[x]]

[Download Precedent Project Waste Management Plan from Gov.uk website]

[IMAGE PLACEHOLDER]

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