Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) definition

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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...

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NEC contracts—introduction

NEC contracts—introduction This Practice Note examines the type of construction projects that the NEC contracts are intended to be used for and the key features of the NEC3 and NEC4 suites of contract. It looks at the style and structure of the NEC3/NEC4 contracts (including the main options, secondary options and Z clauses) and the principles adopted by the NEC in draftingf them. It also considers some of the features which differentiate the NEC contracts from other industry standard forms (such as the Risk Register/Early Warning Register and early warning mechanism). Note that the NEC3 suite refers to the ‘Employer’ but, in the NEC4 suite, the employer is re-named the ‘Client’. For ease of reference, this Practice Note uses ‘Client’ in relation to both contracts. For a glossary of NEC terms, see Practice Note: NEC contracts—glossary. Introduction to NEC The NEC contracts are published by the Institution of Civil Engineers. The first contract published was the first edition of the New Engineering Contract in 1993. This...

Construction Glossary—C

Construction Glossary—C A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Call-off The practice, under a framework agreement, of instructing specific works to be carried out. Depending on the structure and terms of the framework agreement, call-off may require a contract to be entered into or may just require a call off notice to be given by the instructing party. See Practice Note: Framework agreements in construction—call-off procedures. CAR insurance See Contractor's all risk (CAR) insurance below. Category A fit out Interior fit out to a basic level on behalf of landlord/developers. It is difficult to define what this includes as it can vary a lot. There are, however, some guidelines, for example those published by the British Council for Offices. Category B fit out Interior fit out to a specified design on behalf of occupiers/owners. CDM co-ordinator Under the Construction (Design and Management) Regulations 2007, SI 2007/320, which dealt...

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Default payment notice

Default payment notice Payee’s payment notice in default of payer’s notice Reference: [insert appropriate reference to the contract and project] Date: [insert date] To: [insert recipient’s name] Payment due date: [insert the relevant due date of the payment, determined in accordance with the contract] This Notice is given pursuant to section 110B of the Housing Grants, Construction and Regeneration Act 1996 and clause(s) [insert number(s)] of the contract dated [insert date] in default of a payer’s notice. We set out below the sum that we consider to be or to have been due at the payment due date and the basis on

Advice to clients—what is adjudication?

Advice to clients—what is adjudication? What is adjudication? You have asked us to summarise what adjudication is and how the adjudication process typically runs, in light of [[your proposal to enter into a construction contract with] [insert name of the counterparty] OR [in anticipation of adjudication proceedings between] you and [insert name of the counterparty]]. Adjudication is a procedure designed to enable parties to resolve disputes relatively quickly and inexpensively. Under the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), parties to construction contracts have the right to commence adjudication at any time. The parties refer their dispute to the adjudicator, who is an impartial decision-maker. The adjudicator is usually a construction industry professional (eg a quantity surveyor or engineer), or a lawyer with construction experience. They will consider arguments from both parties, and may also use their own initiative and experience, before making a decision on how the dispute should be resolved. The party that refers its claim to adjudication is usually called the ‘Referring Party’, and...

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Lexis®PSL Dispute Resolution weekly highlights—21 January 2016

Welcome to the weekly highlights from the Lexis®PSL Dispute Resolution team for the week ending 21 January 2016. This week’s feature articles focus on forthcoming changes to the CPR, a brief ‘no news yet’ update on the new edition of the Admiralty and Commercial Courts Guide, and a new report on the perceived effectiveness of the Construction and Engineering Pre-Action Protocol. We also highlight analysis of judgments on a broad range of matters, including: Part 36 (Crooks); adjudication (Fahstone); derivative claims (Hook); and, service (Hyfield Estates). Don’t miss the analysis from other Practice Areas that we think may be of interest to practitioners, as well as our latest Q&As on default judgment and filing a defence late. All this, and more, in our weekly highlights.