Payment in consultant appointments
Payment in consultant appointments

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

  • Payment in consultant appointments
  • Consultant appointments and the HGCRA 1996
  • Payment structure
  • Absence of payment provisions
  • Prior and additional services
  • Services carried out prior to the appointment
  • Additional services and fees
  • Payment upon termination
  • Expenses, disbursements and VAT
  • Payment under standard forms
  • More...

Consultant appointments and the HGCRA 1996

‘Construction contracts’ as defined in the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) are subject to the provisions of Part II of the HGCRA 1996 (subject to some exceptions). See Practice Note: Introduction to the HGCRA 1996. HGCRA 1996, s 104(1) provides that construction contracts include agreements for:

  1. the carrying out of construction operations

  2. arranging for the carrying out of construction operations by others, whether under sub-contract or otherwise

  3. providing labour, or the labour of others, for the carrying out of construction operations

HGCRA 1996, s 104(2) clarifies that this includes agreements to carry out architectural, design, or surveying work, to provide advice on building, engineering, interior or exterior decoration or on the laying-out of landscape in relation to construction operations. Consultant appointments can therefore be caught by the definition of a ‘construction contract’ where the appointment relates to ‘construction operations’ as defined in the HGCRA 1996.

Under section 105, ‘construction operations’ is widely defined and includes works that you would expect in construction and engineering projects, including construction, alteration, repair, maintenance, extension, demolition or dismantling of buildings, or structures forming, or to form, part of the land, as well as installing systems such as heating, lighting etc, and also painting and decorating. There are some exceptions to the application of the HGCRA 1996, but these are limited to

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