- Project plans
- Project activities
- Legislation and standards
- Industry context
Last edited 16 Oct 2018
Default in construction contracts
The 'default' in CCRs 3134/2013 is an addition to the invoice which is automatically added without consent from the consumer. Default means the additional charge is continuously in operation, such that the consumer is opted-in to the charge by the trader without consent being received by the trader.
This might be an optional service charge percentage for good on-time work, added by coding the accounting system. The regulation requires express consent to have been received by the trader before the consumer is bound by the contract.
A default is a non-material breach of contract, whereby one party fails to perform a contractual obligation. What specifically constitutes a default will be set out in the contract terms, but generally, it can be defined as an omission or a failure to do what is expected or required.
If one party defaults, the other party may make a claim for damages, but may not consider it is discharged from any further obligations under the contract. This prevents the innocent party from avoiding their overall obligations because of a minor breach of just one part of the contract.
This is different from a serious, material breach of contract (although the distinction is not clear cut) which may allow the innocent party to consider that they are discharged from any further obligations under the contract.
 Find out more
 Related articles on Designing Buildings Wiki
Featured articles and news
Assembling, curating, caring for, and designing the future.
A sensitive approach to renovating a building of historic stature.
UK energy policy uncertainty as Welsh project put on hold
What collaborative working achieves and how it can be put in place.
BSRIA publishes the 2019 edition of its small but concise annual databook.
Using QSAND to measure the performance of disaster response.
What U-values are, why they matter and how they are calculated.
The need to ensure that we plan for all aspects of our bio-economy
BSRIA calls on government to reach deeper into the causes of pollution.
George Demetri brings a whole new level of technical knowledge to Designing Buildings Wiki.
Quality professionals need to take an active role in driving the completion process forwards.
The innovations needed to move from rhetoric to realisation.