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

The following Construction guidance note provides comprehensive and up to date legal information covering:

  • Changes to HGCRA 1996 as at 1 October 2011 [Archived]
  • Background
  • Changes to the HGCRA 1996
  • Changes to the Scheme for Construction Contracts
  • Summary of the changes
  • Amendments do not have retrospective effect
  • The contract made 'in writing' requirement no longer applies
  • Changes to the adjudication procedure
  • Substantive changes to payment terms

Produced in association with 4 Pump Court

ARCHIVED: This Practice Note has been archived and is not maintained.

This Practice Note provides background to and a summary of the changes to the Housing Grants Construction and Regeneration Act 1996 (HGCRA 1996) through the coming into force of the Local Democracy, Economic Development and Construction Act 2009 (LDEDCA 2009). It also considers the consequential amendments to the Scheme for Construction Contracts. The changes apply from 1 October 2011 (from 1 November 2011 in Scotland)—they are not retrospective.

For a table comparison of the changes made, see Practice Note: Comparison of adjudication and payment provisions under HGCRA 1996 and as amended by the LDEDCA 2009.

The links in the Practice Note are to the amended versions of the HGCRA 1996 and the Scheme for Construction Contracts. For the unamended versions, see Part II of the HGCRA as enacted and Scheme as enacted.

Background

In May 2008 the Government produced a draft bill to amend Part II of the HGCRA 1996. This followed two public consultations in 2005 and 2007 respectively.

The draft bill was amended and incorporated into Part 8 of the Local Democracy, Economic Development and Construction Bill published on 5 December 2008. The Bill was amended and passed its third reading in the House of Commons on 13 October 2009. It received Royal Assent