The provisions of the 2009 Act mean that a construction contract will pertain not only to written contracts but also to contracts entered into orally or contracts that are partly oral and partly written. The 2009 Act also makes amendments to Sections 110 and 111 of the previous Construction Act and provides a new regime for payment provisions in construction contracts.
Key learning:
- Background to the Housing Grants, Construction and Regeneration Act 1996
- The revised Construction Act and the prohibition of "pay when paid clauses"
- The application of standard terms and conditions and the crossover period (how are contracts already entered into affected?)
- The distinction between Payee-led and Payer-led procedure
- Can adjudication provisions in a construction contract be unwritten?
- The legality or otherwise of withholding payments
- The right of suspension
About the contributor
Jonathan Hawkswell, partner Hawkswell Kilvington. Jonathan specialises in advising the building and civil engineering industry sectors primarily in relation to contentious matters. He has advised on a number of major construction and engineering disputes in adjudication, arbitration and litigation. He has been involved in a number of substantial claims through adjudication for extensions of time and final account disputes. He has been previously recognised as "Construction Lawyer of the Year".
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