Construction Act - Consultation

The Department for Business Enterprise and Regulatory Reform (BERR - formerly the DTI) has launched the second consultation to amend Part II of the Housing Grants Construction and Regeneration Act 1996 and Scheme for Construction Contracts (England and Wales) Regulations 1998. The amendments will seek to improve transparency and clarity in the exchange of information relating to payments, thereby enabling parties to construction contracts to manage cash flow better; and to encourage parties to resolve disputes by adjudication. Consulation documents can be found at: http://www.berr.gov.uk/consultations/page39924.html

History

March 2004: Review announced in Budget
September 2004: Sir Michael Latham reports on improvements
March 2005: First consultation
January 2006: Consultation Analysis sets out next steps
November 2006:
    • Legislative and Regulatory Reform Act 2006 receives Royal Assent
    • DTI completes pre-consultation on adjudication proposals with CUB
    • Sounding Board completes process of advising DTI on draft clauses
May 2007: Legal advisors conclude there is limited scope for an LRO Margaret Hodge decides we need primary legislation
June 2007: Second consultation starts (20 June – 17 September)
    • Consultation covers amendments to the Construction Act and the Scheme in England and Wales
    • Consultation ends 17 September - please respond to Lilly Lotay Lilly.Lotay@berr.gsi.gov.uk
    • Consultation analysis end of year
    • Clauses to be included in a Bill when a legislative slot is available
    • Amendments to the Scheme in UK Parliament and Welsh Assembly will follow
    • Commencement thereafter

SCL's contribution

Paul Smith of the BERR (formerly DTI) spoke at a meeting organised by SCL on July 19 in London (photos below). A PowerPoint presentation/handout is available for download.

	Left to right: Nerys Jefford, Graham Watts, Frances Paterson, Tony Bingham, Dominic Helps and Richard Bayfield
	Audience discussion
	Paul Smith of the BERR (formerly DTI)