The new Construction Act 2009: implications for building surveyors

Abstract

Purpose

This paper aims to discuss forthcoming changes to the Housing Grants Regeneration and Construction Act 1996 following UK government consultation exercises. The paper seeks to examine five key areas of construction contract administration which will be affected should the proposed changes be included in new legislation.

Design/methodology/approach

The approach of the paper is to conduct a literature review of the proposed changes.

Findings

The five key areas are: changes in requirement for contracts to be in writing; changes to interim payment decisions by third parties; so‐called “Tolent” clauses and matters concerning adjudication costs, cross contracts; and payment notices. The implications of how these changes might affect building surveyors are explored. The paper concludes that while some of the proposed changes are likely to be welcomed, other proposed changes throw up potential complex and difficult legal issues.

Originality/value

It is hoped that this paper will stimulate discussion between practitioners and academics about suitable reforms to adjudication and construction law issues in the UK.

Citation

Donohoe, S. (2009), "The new Construction Act 2009: implications for building surveyors", Structural Survey, Vol. 27 No. 1, pp. 20-22. https://doi.org/10.1108/02630800910941656