Damp Squib or Big Change? The Construction Act Amendments

Paul Newman

April 2012

A paper presented to the Society of Construction Law at a meeting in Southampton on 11th January 2012

Paul Newman discusses the changes to the Housing Grants, Construction and Regeneration Act 1996 made by the Local Democracy, Economic Development and Construction Act 2009, which came into effect (in England and Wales) on 1st October 2011 and (in Scotland) on 1st November 2011. In particular, he looks at written / oral contracts, considering the case law under the old law and the likely effect of the removal for the need for the contract to be in writing. He goes on to look at the new payment provisions and the amendments in relation to suspension. Regarding adjudication, he considers 'Tolent clauses' and the likely effect of the new S108A. Finally he loos at the new need for a slip rule.

Introduction - Implementation - The changes - Oral contracts - Payment - Suspension - Adjudication procedure - Tolent clauses - Section 108A - Slip rule - Conclusions.

The author: Paul Newman is a barrister practising at 3 Paper Buildings, London.

Text 9 pages.