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Scheme for Construction Contracts

The default rules that fill the gaps where a construction contract does not meet the Construction Act.

by Jack Butler-Kettle · About 1 min readShare

Further detail

Read this alongside section 114 of the Housing Grants, Construction and Regeneration Act 1996 and Part I of the Scheme for Construction Contracts (England and Wales) Regulations 1998 and Part II of the Scheme for Construction Contracts (England and Wales) Regulations 1998.

The Scheme supplies statutory provisions where an in-scope contract does not meet the Construction Act's requirements. Payment provisions and adjudication provisions operate differently, so it is unsafe to replace every term automatically. This explanation concerns the England-and-Wales Scheme; other jurisdictions have their own arrangements.

Identify the particular non-compliant or missing provision. A Signed contract review and action plan can help organise the payment terms for further assessment.

Sources

  1. Housing Grants, Construction and Regeneration Act 1996, s 114 (The Scheme for Construction Contracts). legislation.gov.uk.
  2. Scheme for Construction Contracts (England and Wales) Regulations 1998, SI 1998/649, Schedule, Part I (Adjudication). legislation.gov.uk.
  3. Scheme for Construction Contracts (England and Wales) Regulations 1998, SI 1998/649, Schedule, Part II (Payment). legislation.gov.uk.

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