Scheme for Construction Contracts - Revision history

Designing Buildings at 11:11, 18 July 2024

2024-07-18T11:11:26Z

← Older revision		Revision as of 11:11, 18 July 2024
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	* There are also changes to the right to suspend work for non-payment, or to suspend part of the works, and to claim costs and expenses incurred and extension of time resulting from the suspension.		* There are also changes to the right to suspend work for non-payment, or to suspend part of the works, and to claim costs and expenses incurred and extension of time resulting from the suspension.

−	= Related articles on Designing Buildings ~~Wiki~~ =	+	= Related articles on Designing Buildings =

	* Adjudication.		* Adjudication.
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	* Egan report.		* Egan report.
	* Fair payment practices.		* Fair payment practices.
		+	* Housing Grants, Construction and Regeneration Act.
	* Hybrid construction contract.		* Hybrid construction contract.
	* Latham Report.		* Latham Report.
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	* Remedies for late payment.		* Remedies for late payment.
	* The Late Payment of Commercial Debts Regulations 2013.		* The Late Payment of Commercial Debts Regulations 2013.
−	* Housing Grants, Construction and Regeneration Act.
−
−	~~= External references =~~
−
−	* [http://www.legislation.gov.uk/uksi/1998/649/contents/made The act in full].
−	* [http://www.legislation.gov.uk/ukdsi/2011/9780111512975 The amendments to the scheme.]
−	* Late Payment of Commercial Debts Regulations 2002
−	* [http://www.legislation.gov.uk/ukpga/1996/53/contents The Housing Grants, Construction and Regeneration Act].
−	* OGC Guide to best fair payment practices.

	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:DCN_Policy]] [[Category:DCN_Regulation]] [[Category:Other_legislation]] [[Category:Regulations]] [[Category:Appointments]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Procurement]]		[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:DCN_Policy]] [[Category:DCN_Regulation]] [[Category:Other_legislation]] [[Category:Regulations]] [[Category:Appointments]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Editor at 17:27, 30 September 2020

2020-09-30T17:27:59Z

← Older revision		Revision as of 17:27, 30 September 2020
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	* Egan report.		* Egan report.
	* Fair payment practices.		* Fair payment practices.
		+	* Hybrid construction contract.
	* Latham Report.		* Latham Report.
	* Local Democracy Economic Development Act 2009.		* Local Democracy Economic Development Act 2009.

Designing Buildings at 09:28, 14 September 2020

2020-09-14T09:28:47Z

← Older revision		Revision as of 09:28, 14 September 2020
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	* OGC Guide to best fair payment practices.		* OGC Guide to best fair payment practices.

−	[[Category:~~Other_legislation~~]] [[Category:DCN_Legislation]] [[Category:~~Regulations~~]] [[Category:DCN_Regulation]] [[Category:Appointments]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Procurement]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:DCN_Policy]] [[Category:DCN_Regulation]] [[Category:Other_legislation]] [[Category:Regulations]] [[Category:Appointments]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Designing Buildings at 11:27, 26 June 2020

2020-06-26T11:27:50Z

← Older revision		Revision as of 11:27, 26 June 2020
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	* [http://www.legislation.gov.uk/uksi/1998/649/contents/made The act in full].		* [http://www.legislation.gov.uk/uksi/1998/649/contents/made The act in full].
	* [http://www.legislation.gov.uk/ukdsi/2011/9780111512975 The amendments to the scheme.]		* [http://www.legislation.gov.uk/ukdsi/2011/9780111512975 The amendments to the scheme.]
−	* ~~[http://www.legislation.hmso.gov.uk/si/si2002/20021674.htm~~ Late Payment of Commercial Debts Regulations 2002]	+	* Late Payment of Commercial Debts Regulations 2002
	* [http://www.legislation.gov.uk/ukpga/1996/53/contents The Housing Grants, Construction and Regeneration Act].		* [http://www.legislation.gov.uk/ukpga/1996/53/contents The Housing Grants, Construction and Regeneration Act].
	* OGC Guide to best fair payment practices.		* OGC Guide to best fair payment practices.

−	[[Category:Other_legislation]] [[Category:Regulations]] [[Category:Appointments]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Procurement]]	+	[[Category:Other_legislation]] [[Category:DCN_Legislation]] [[Category:Regulations]] [[Category:DCN_Regulation]] [[Category:Appointments]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Designing Buildings at 13:51, 4 February 2020

2020-02-04T13:51:28Z

← Older revision		Revision as of 13:51, 4 February 2020
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	* There are also changes to the right to suspend work for non-payment, or to suspend part of the works, and to claim costs and expenses incurred and extension of time resulting from the suspension.		* There are also changes to the right to suspend work for non-payment, or to suspend part of the works, and to claim costs and expenses incurred and extension of time resulting from the suspension.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Adjudication.		* Adjudication.
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	* Housing Grants, Construction and Regeneration Act.		* Housing Grants, Construction and Regeneration Act.

−	=== External references ===	+	= External references =

	* [http://www.legislation.gov.uk/uksi/1998/649/contents/made The act in full].		* [http://www.legislation.gov.uk/uksi/1998/649/contents/made The act in full].

Editor at 13:15, 12 December 2017

2017-12-12T13:15:21Z

← Older revision		Revision as of 13:15, 12 December 2017
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	* Construction operations.		* Construction operations.
	* Construction supply chain payment charter.		* Construction supply chain payment charter.
		+	* Due date.
	* Egan report.		* Egan report.
	* Fair payment practices.		* Fair payment practices.

Editor at 10:14, 18 July 2016

2016-07-18T10:14:53Z

← Older revision		Revision as of 10:14, 18 July 2016
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	* Arbitration Act.		* Arbitration Act.
	* Causes of construction disputes.		* Causes of construction disputes.
		+	* Construction operations.
	* Construction supply chain payment charter.		* Construction supply chain payment charter.
	* Egan report.		* Egan report.

Designing Buildings at 12:26, 12 July 2016

2016-07-12T12:26:40Z

← Older revision		Revision as of 12:26, 12 July 2016
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−
	= Introduction =		= Introduction =

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	= The Housing Grants, Construction and Regeneration Act =		= The Housing Grants, Construction and Regeneration Act =

−	The Housing Grants, Construction and Regeneration Act applies to all contracts for 'construction operations' (including construction contracts and ~~consultants’~~ appointments). The Act sets out requirements relating to payment and adjudication:	+	The Housing Grants, Construction and Regeneration Act applies to all contracts for 'construction operations' (including construction contracts and consultants' appointments). The Act sets out requirements relating to payment and adjudication:
−	*The right to be paid in interim, periodic or stage payments.	+
−	*The right to be informed of the amount due, or any amounts to be withheld.	+	* The right to be paid in interim, periodic or stage payments.
−	*The right to suspend performance for non-payment.	+	* The right to be informed of the amount due, or any amounts to be withheld.
−	*The right to adjudication.	+	* The right to suspend performance for non-payment.
−	*Disallowing pay when paid clauses.	+	* The right to adjudication.
		+	* Disallowing pay when paid clauses.

	Where the contract does not comply with these requirements, then the detailed procedures set out in the [http://www.legislation.gov.uk/uksi/1998/649/schedule/made schedule] of the scheme will apply.		Where the contract does not comply with these requirements, then the detailed procedures set out in the [http://www.legislation.gov.uk/uksi/1998/649/schedule/made schedule] of the scheme will apply.
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	Specific changes have been made regarding procedures for making payments:		Specific changes have been made regarding procedures for making payments:
−	*The dates for payments must be set out in the contract.	+
−	*The client (or specified person) must issue a payment notice within five days of the date for payment, even if no amount is due. Alternatively, if the contract allows, the contractor may make an application for payment, which is treated as if it is the payment notice.	+	* The dates for payments must be set out in the contract.
−	*The client (or specified person) must issue a pay less notice (previously a withholding notice) if they intend to pay less than the amount set out in the payment notice, setting out the basis for its calculation.	+	* The client (or specified person) must issue a payment notice within five days of the date for payment, even if no amount is due. Alternatively, if the contract allows, the contractor may make an application for payment, which is treated as if it is the payment notice.
−	*The notified sum is payable by the final date for payment.	+	* The client (or specified person) must issue a pay less notice (previously a withholding notice) if they intend to pay less than the amount set out in the payment notice, setting out the basis for its calculation.
−	*If the client (or specified person) fails to issue a payment notice, the contractor may issue a default payment notice. The final date for payment is extended by the period between when the client should have issued a payment notice and when the contractor issued the default payment notice. If the client does not issue a pay less notice, they must pay the amount in the default payment notice.	+	* The notified sum is payable by the final date for payment.
−	*Pay when certified clauses are no longer allowed, and the release of retention cannot be prevented by conditions within another contract. So for example work contractors on a management contract project must have half of their retention released when their part of the works reach practical completion, not when the project as a whole reaches practical completion. This also applies to trade contracts on construction management contracts.	+	* If the client (or specified person) fails to issue a payment notice, the contractor may issue a default payment notice. The final date for payment is extended by the period between when the client should have issued a payment notice and when the contractor issued the default payment notice. If the client does not issue a pay less notice, they must pay the amount in the default payment notice.
−	*There are also changes to the right to suspend work for non-payment, or to suspend part of the works, and to claim costs and expenses incurred and extension of time resulting from the suspension.	+	* Pay when certified clauses are no longer allowed, and the release of retention cannot be prevented by conditions within another contract. So for example work contractors on a management contract project must have half of their retention released when their part of the works reach practical completion, not when the project as a whole reaches practical completion. This also applies to trade contracts on construction management contracts.
		+	* There are also changes to the right to suspend work for non-payment, or to suspend part of the works, and to claim costs and expenses incurred and extension of time resulting from the suspension.

	= Find out more =		= Find out more =

	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Adjudication.	+
−	*Alternative dispute resolution.	+	* Adjudication.
−	*Arbitration.	+	* Alternative dispute resolution.
−	*Arbitration Act.	+	* Arbitration.
−	*Causes of construction disputes.	+	* Arbitration Act.
−	*Construction supply chain payment charter.	+	* Causes of construction disputes.
−	*Egan report.	+	* Construction supply chain payment charter.
−	*Fair payment practices.	+	* Egan report.
−	*Latham Report.	+	* Fair payment practices.
−	*Local Democracy Economic Development Act 2009.	+	* Latham Report.
−	*Payment notice.	+	* Local Democracy Economic Development Act 2009.
−	*Remedies for late payment.	+	* Payment notice.
−	*The Late Payment of Commercial Debts Regulations 2013.	+	* Remedies for late payment.
−	*Housing Grants, Construction and Regeneration Act.	+	* The Late Payment of Commercial Debts Regulations 2013.
		+	* Housing Grants, Construction and Regeneration Act.

	=== External references ===		=== External references ===
−	*[http://www.legislation.gov.uk/uksi/1998/649/contents/made The act in full].
−	*[http://www.legislation.gov.uk/ukdsi/2011/9780111512975 The amendments to the scheme.]
−	*[http://www.legislation.hmso.gov.uk/si/si2002/20021674.htm Late Payment of Commercial Debts Regulations 2002]
−	*[http://www.legislation.gov.uk/ukpga/1996/53/contents The Housing Grants, Construction and Regeneration Act].
−	*OGC Guide to best fair payment practices.
−	*[http://www.jctltd.co.uk/public-sector-supplement-form.aspx JCT Public sector supplement].

−	[[Category:Other_legislation]]	+	* [http://www.legislation.gov.uk/uksi/1998/649/contents/made The act in full].
−	[[Category:Regulations]]	+	* [http://www.legislation.gov.uk/ukdsi/2011/9780111512975 The amendments to the scheme.]
−	[[Category:Appointments]]	+	* [http://www.legislation.hmso.gov.uk/si/si2002/20021674.htm Late Payment of Commercial Debts Regulations 2002]
−	[[Category:Construction_management]]	+	* [http://www.legislation.gov.uk/ukpga/1996/53/contents The Housing Grants, Construction and Regeneration Act].
−	[[Category:Contracts_/_payment]]	+	* OGC Guide to best fair payment practices.
−	[[Category:Procurement]]	+
		+	[[Category:Other_legislation]] [[Category:Regulations]] [[Category:Appointments]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Designing Buildings at 11:10, 22 September 2015

2015-09-22T11:10:06Z

← Older revision		Revision as of 11:10, 22 September 2015
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	*[http://www.legislation.hmso.gov.uk/si/si2002/20021674.htm Late Payment of Commercial Debts Regulations 2002]		*[http://www.legislation.hmso.gov.uk/si/si2002/20021674.htm Late Payment of Commercial Debts Regulations 2002]
	*[http://www.legislation.gov.uk/ukpga/1996/53/contents The Housing Grants, Construction and Regeneration Act].		*[http://www.legislation.gov.uk/ukpga/1996/53/contents The Housing Grants, Construction and Regeneration Act].
−	*~~[http://www.designingbuildings.co.uk/wiki/~~OGC ~~OGC] [http://www.constructingexcellence.org.uk/pdf/lgtf/Guide_to_best_Fair_Payment_Practices.pdf~~ Guide to best fair payment practices].	+	*OGC Guide to best fair payment practices.
	*[http://www.jctltd.co.uk/public-sector-supplement-form.aspx JCT Public sector supplement].		*[http://www.jctltd.co.uk/public-sector-supplement-form.aspx JCT Public sector supplement].

Designing Buildings at 08:17, 5 August 2015

2015-08-05T08:17:57Z

← Older revision		Revision as of 08:17, 5 August 2015
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
	*Adjudication.		*Adjudication.
		+	*Alternative dispute resolution.
		+	*Arbitration.
		+	*Arbitration Act.
	*Causes of construction disputes.		*Causes of construction disputes.
	*Construction supply chain payment charter.		*Construction supply chain payment charter.