Time to amend the Construction Act (2017) 28 9 Cons.Law 18 [Archived]
Time to amend the Construction Act (2017) 28 9 Cons.Law 18 [Archived]

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

  • Time to amend the Construction Act (2017) 28 9 Cons.Law 18 [Archived]
  • Key points
  • The s 105(2)(c) exclusion
  • Why do we have the exclusion?
  • Summary
  • What can be done?

ARCHIVED: This Practice Note has been archived and is not maintained.

This article appears as originally published in Construction Law on 1 November 2017 and is not maintained.

Barrister Marion Rich, Director of Legal and Contractual Affairs at the British Constructional Steelwork Association, says it is time to amend the Construction Act to remove its exclusions. At least one of them is unnecessary and discriminatory, she argues.

Key points

  1. Section 105(2) of the Housing Grants, Construction and Regeneration Act 1996 as amended sets out exclusions to the definition of 'construction operations'

  2. In addition, s 104(5) provides that where an agreement relates to both construction operations and non-construction operations, the HGCRA 1996 applies only to the construction operations

  3. This means that it is possible to have two regulatory regimes within a single contract, which is unnecessarily complex

  4. As many construction contracts contain provisions mirroring the HGCRA 1996, the complications have largely been contained, but recent cases have indicated the problems that can arise

  5. Research indicates that the process industry, which lobbied for an exclusion, now wants to be included in the HGCRA 1996

The Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) applies to contracts for construction operations: s 104(1) of the HGCRA 1996 provides that 'construction contract' means a contract for the following:

'... (at) the carrying out of construction operations;

(b)