HGCRA 1996

Q&As

Where parties to a construction contract disagree about the application of VAT to supplies under the contract, can they resolve that dispute using adjudication under the Housing Grants, Construction and Regeneration Act 1996 provided for in the contract or should they go to HMRC or the First-tier Tax Tribunal?

Where parties to a construction contract disagree about the application of VAT to supplies under the contract, can they resolve that dispute using...

1st Aug

Q&As

How much can a contractor claim from the employer if it suspends the works for non-payment?

How much can a contractor claim from the employer if it suspends the works for non-payment?In short, there is no formula or rule for determining the...

31st Jul

Q&As

Is my contract a 'construction contract' under the Housing Grants, Construction and Regeneration Act?

Is my contract a 'construction contract' under the Housing Grants, Construction and Regeneration Act?If a contract is a 'construction contract' under...

31st Jul

Q&As

Does the HGCRA 1996 apply to operation and maintenance contracts in respect of power-generating facilities?

Does the HGCRA 1996 apply to operation and maintenance contracts in respect of power-generating facilities?The Housing Grants, Construction and...

Produced in partnership with Abdul Jinadu of Keating Chambers 31st Jul

Q&As

Would a clause in a sub-contract fall foul of HGCRA 1996, s 113 if it provided for the sub-contractor to be paid by the earlier of (i) the date when the contractor is paid and (ii) a long-stop date?

Would a clause in a sub-contract fall foul of HGCRA 1996, s 113 if it provided for the sub-contractor to be paid by the earlier of (i) the date when...

Produced in partnership with Abdul Jinadu of Keating Chambers 31st Jul

Q&As

Are road maintenance works (such as verge, gulley and drain cleaning and grass cutting) ‘construction operations’ under the Housing Grants, Construction and Regeneration Act 1996?

Are road maintenance works (such as verge, gulley and drain cleaning and grass cutting) ‘construction operations’ under the Housing Grants,...

31st Jul

Q&As

Does the HGCRA 1996 apply to onshore and offshore operation and maintenance agreements?

Does the HGCRA 1996 apply to onshore and offshore operation and maintenance agreements?The Housing Grants, Construction and Regeneration Act 1996...

31st Jul

Q&As

Is the appointment of a surveyor advising on a both a property purchase and building works caught by the Construction Act?

Is the appointment of a surveyor advising on a both a property purchase and building works caught by the Construction Act?To ascertain whether the...

31st Jul

Q&As

Is there any guidance on whether a pay less notice can specify a negative sum?

Is there any guidance on whether a pay less notice can specify a negative sum?The statutory basis of pay less notices is to be found in the Housing...

Produced in partnership with Abdul Jinadu of Keating Chambers 31st Jul

Q&As

Are bank holidays excluded from the calculation of time periods in an adjudication under the Scheme for Construction Contracts?

Are bank holidays excluded from the calculation of time periods in an adjudication under the Scheme for Construction Contracts?Yes, bank holidays are...

31st Jul

Q&As

Can a party correct mistakes in a pay less notice in response to a final account claim?

Can a party correct mistakes in a pay less notice in response to a final account claim?This Q&A looks at whether a party can correct mistakes in a pay...

Produced in partnership with Abdul Jinadu of Keating Chambers 31st Jul

Q&As

In light of the TCC’s comments in Rochford v Kilhan [2020] EWHC 941 (TCC) on determining the final date for payment, should it be assumed that payment provisions which set the final date for payment by reference to an event or mechanism, fails to comply with the requirements of section 110(1) of the Housing Grants, Construction and Regeneration Act 1996?

In light of the TCC’s comments in Rochford v Kilhan [2020] EWHC 941 (TCC) on determining the final date for payment, should it be assumed that payment...

31st Jul

Practice notes

What is a construction contract under the HGCRA 1996?

What is a construction contract under the HGCRA 1996?This Practice Note considers when the Housing Grants, Construction and Regeneration Act 1996...

Produced in partnership with 4 Pump Court 30th Jul

Practice notes

Payment in construction contracts under the HGCRA 1996

Payment in construction contracts under the HGCRA 1996Produced in association with 4 Pump CourtThis Practice Note considers the provisions of the...

30th Jul

In-house

Precedents

Payment Notice—contracts pre-1 October 2011

Payment Notice—contracts pre-1 October 2011Reference: Date:To:Payment due date:[Sub-]Contractor’s Application Reference No:This Notice is made...

30th Jul

Practice notes

Introduction to the HGCRA 1996

Introduction to the HGCRA 1996The need for legislation in the construction industryThroughout the 1980s and the early 1990s, the construction industry...

30th Jul

Practice notes

Changes to HGCRA 1996 as at 1 October 2011 [Archived]

Changes to HGCRA 1996 as at 1 October 2011 [Archived]Produced in association with 4 Pump CourtARCHIVED: This Practice Note has been archived and is...

30th Jul

Precedents

Notice of withholding [Archived]

Notice of withholding [Archived]Project Title: Reference/Works Package: Date:To:Date of Payment Notice:[Sub-]Contractor’s Application Reference No:...

30th Jul

Practice notes

Adjudication—is there a ‘dispute’?

Adjudication—is there a ‘dispute’?This Practice Note considers the requirements for a dispute to be capable of referral to adjudication. In summary, a...

30th Jul

Precedents

Payment notice—contracts post-1 October 2011

Payment notice—contracts post-1 October 2011Payment noticeReference: [insert appropriate reference to the contract and project]Date: [insert date]To:...

30th Jul

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