The department for Business, Energy and Industrial Strategy has published a summary of responses to its 2017 consultation reviewing the 2011 changes to the Construction Act 1996.

It considers

(A) the effectiveness of the changes (including oral contracts and excluding Tolent-type clauses, improved transparency in the payment framework and enhanced suspension right for nonpayment);

(B) the broader effectiveness of the Construction Act as a whole (such as its payment framework, which most consider to be unclear, and the use of adjudication as an effective mechanism to resolve disputes swiftly); and

(C) affordability of adjudication. BEIS’s post implementation review will now identify the next steps.

BEIS’s full summary is at https://www.gov.uk/government/consultations/2011-changes-to-part-2-of-the-housing-grants-construction-and-regeneration-act-1996

About the Author

Rebecca Palmer

Solicitor and Director

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