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Housing Grants, Construction and Regeneration Act 1996 definition

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What does Housing Grants, Construction and Regeneration Act 1996 mean?

The statute which enshrines the principle of adjudication in the construction industry

Whilst the adjudication provisions of the act are only a small part of the issues which it was implemented to address, it is nevertheless this statute in which the principles of adjudication and which contracts will be subject to it as a dispute resolution process are contained. The Schedule to the Housing Grants, Construction and Regeneration Act 1996 also contains the Scheme for Construction Contracts which is a model adjudication process followed by many contracts or by default in the case of no specific contract process.

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Completing the JCT 2024 Minor Works Building Contract Particulars—checklist

Completing the JCT 2024 Minor Works Building Contract Particulars—checklist The Agreement, Recitals, Articles and Contract Particulars at the start of a JCT contract set out the project specific details for the particular works to be carried out. It is very important that these are fully completed and that the details are correct to avoid ambiguity and disputes regarding what is required. This Checklist provides practical guidance as to how to complete the details including links to relevant Practice Notes which provide detailed information on the areas covered. It is aimed at those who are relatively new to dealing with JCT contracts. An employer will often arrange for the architect/contract administrator or other consultant to complete the particulars at the start of the contract and will then ask its lawyer to check the contract before the parties execute it. Alternatively, a lawyer may be asked to fill in all of the details but they will need input from the client or its consultants as to the details to be inserted. This...

Completing the JCT 2016 Minor Works Building Contract Particulars—checklist

Completing the JCT 2016 Minor Works Building Contract Particulars—checklist The Agreement, Recitals, Articles and Contract Particulars at the start of a JCT contract set out the project specific details for the particular works to be carried out. It is very important that these are fully completed and that the details are correct to avoid ambiguity and disputes regarding what is required. This Checklist provides practical guidance as to how to complete the details including links to relevant Practice Notes which provide detailed information on the areas covered. It is aimed at those who are relatively new to dealing with JCT contracts. An employer will often arrange for the architect/contract administrator or other consultant to complete the particulars at the start of the contract and will then ask its lawyer to check the contract before the parties execute it. Alternatively, a lawyer may be asked to fill in all of the details but they will need input from the client or its consultants as to the details to be inserted. This...

Discover our 3 Checklists on Housing Grants, Construction and Regeneration Act 1996

Introduction to the HGCRA 1996

The need for legislation in the construction industryThroughout the 1980s and the early 1990s, the construction industry was characterised by inefficiencies, disputes and high levels of insolvency, particularly among contractors and sub-contractors.In 1994, Sir Michael Latham was commissioned to undertake a report on the issues affecting the construction industry. In his report, entitled ‘Constructing the Team’, Latham identified two areas which were pivotal to the issues affecting the industry:•disputes•paymentLatham found that the industry needed a specific mechanism of dispute resolution which was accessible, quick and inexpensive to reduce the disputes culture within the industry. Latham also thought that ensuring cash flow to all levels of the industry would reduce contractor and sub-contractor insolvency, and create stability of employment.The HGCRA 1996The legislative response to Latham's report was contained in Part II of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), which was enacted in 1996 and came into force in May 1998. The HGCRA 1996 sets out requirements relating to adjudication and payment that construction contracts must include.Some of...

What is a construction contract under the HGCRA 1996?

This Practice Note considers when the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) applies. In summary:•the HGCRA 1996 applies to ‘construction contracts’•‘construction contract’ is defined by HGCRA 1996, s 104•a ‘construction contract’ will involve ‘construction operations’ as defined by HGCRA 1996, s 105•a ‘construction contract’ must include certain provisions relating to adjudication and payment•in respect of ‘hybrid’ contracts (ie those relating to both construction operations and other matters), the HGCRA 1996 will only apply in respect of the construction operations•the mandatory provisions do not apply to contracts with residential occupiers•for contracts entered into prior to 1 October 2011, the HGCRA 1996 only applied to contracts which were made in writingSignificance of contract being a construction contractStatutory adjudicationParties only have a mandatory right under HGCRA 1996 to adjudicate if the relevant contract is a 'construction contract' (as defined by HGCRA 1996, s 104).If a contract is a ‘construction contract’, it must contain certain terms relating to the procedure of any such adjudication (HGCRA 1996, ss 108(2) to (4)). Those...

Discover our 12 Practice Notes on Housing Grants, Construction and Regeneration Act 1996

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: [number] Dated: [date] ARCHIVED: This Precedent has been archived and is not maintained. This Notice is made pursuant to Section 111 of the Housing Grants, Construction and Regeneration Act 1996 and clause(s) [insert clause number(s)] of the contract dated [insert date]. We refer to your application for payment (as represented above) and notify you of our intention to withhold payment from the same. The amount(s) proposed to be withheld and the ground(s) for withholding are set out below:

Particulars of claim for enforcement of adjudication decision

Particulars of claim for enforcement of adjudication decision Note: • this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in CPR 60, CPR PD 60 and the TCC Guide. As these provisions are additional to the general provisions set out elsewhere in the CPR, this Practice Note should be read in conjunction with general guidance on preparing for and attending trial including that in Trial—overview which, in turn, links through to detailed guidance on specific aspects of preparing for and attending trials • shorter and flexible trials schemes—claims started on or after 1 October 2015 in the TCC may be suitable for and/or be subject to one or both of the schemes operating under CPR PD 57AB, namely the shorter trials scheme and/or the flexible trials scheme. For more information on these schemes, see Practice Notes: Business and Property Courts—shorter trials scheme and Business and Property Courts—flexible trials scheme • electronic working—for information on electronic working...

Dive into our 16 Precedents related to Housing Grants, Construction and Regeneration Act 1996

Can texts exchanged over WhatsApp create a binding contract?

Ireland—Dispute Resolution analysis: This article, was written by Cahal Carvill and Darren Fitzsimons of Arthur Cox LLP. A review of the High Court’s decision in Jaevee Homes Limited v Fincham.

Construction contracts by WhatsApp and invoices as payment applications (Jaevee v Fincham)

Construction analysis: In this Part 8 claim, the Technology and Construction C ourt (TCC) held that, while informal, the parties had entered a concluded contract by an exchange of WhatsApp messages. The essential terms had been agreed and other terms were not essential or would be implied. The court further held that three out of four invoices issued by the defendant were valid applications for payment, even where two of the invoices did not contain a mathematical breakdown of the sum due. In their context, the invoices were sufficiently clear and intended to be payment applications. Written by James Frampton, barrister at Keating Chambers, and Liam Hendry, senior associate at Archor LLP.

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GLOSSARY

Housing Grants, Construction and Regeneration Act 1996 definition

What does Housing Grants, Construction and Regeneration Act 1996 mean?

View the related checklists about Housing Grants, Construction and Regeneration Act 1996

Completing the JCT 2024 Minor Works Building Contract Particulars—checklist

Completing the JCT 2016 Minor Works Building Contract Particulars—checklist

View the related practice notes about Housing Grants, Construction and Regeneration Act 1996

Introduction to the HGCRA 1996

What is a construction contract under the HGCRA 1996?

View the related precedents about Housing Grants, Construction and Regeneration Act 1996

Notice of withholding [Archived]

Particulars of claim for enforcement of adjudication decision

View the related News about Housing Grants, Construction and Regeneration Act 1996

Can texts exchanged over WhatsApp create a binding contract?

Construction contracts by WhatsApp and invoices as payment applications (Jaevee v Fincham)

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GLOSSARY

Housing Grants, Construction and Regeneration Act 1996 definition

What does Housing Grants, Construction and Regeneration Act 1996 mean?

View the related checklists about Housing Grants, Construction and Regeneration Act 1996

Completing the JCT 2024 Minor Works Building Contract Particulars—checklist

Completing the JCT 2016 Minor Works Building Contract Particulars—checklist

View the related practice notes about Housing Grants, Construction and Regeneration Act 1996

Introduction to the HGCRA 1996

What is a construction contract under the HGCRA 1996?

View the related precedents about Housing Grants, Construction and Regeneration Act 1996

Notice of withholding [Archived]

Particulars of claim for enforcement of adjudication decision

View the related News about Housing Grants, Construction and Regeneration Act 1996

Can texts exchanged over WhatsApp create a binding contract?

Construction contracts by WhatsApp and invoices as payment applications (Jaevee v Fincham)

Call us on

Popular Links

HELP & SUPPORT

LEGAL SOLUTIONS

Policies