Regulations 1998 (the ‘Principal Regulations’). 1
There are separate regulations for contracts for work
They have been amended by the Scheme for
in Scotland applicable to contracts made on or after 1 November 2011. 3 The new Regulations apply only
Construction Contracts (England & Wales) (Amendment) (England) Regulations 2011 2 (the ‘new Regulations’). The new Regulations apply
to contracts for work in Scotland entered into on or
after this date. For earlier contracts the Scheme for
only to contracts for construction operations in
Construction Contracts (Scotland) Regulations 1998 4 applies. There are new separate regulations
England entered into on or after 1 October 2011. For
earlier contracts, the Principal Regulations apply.
for Wales, applicable to contracts for construction
Northern Ireland has its own scheme: the Scheme for
operations in Wales entered into on or after 1 October 2011. 5
Construction Contracts in Northern Ireland 1999 as
amended by the Scheme for Construction Contracts
A reference to “the Scheme” is to the Principal
in Northern Ireland (Amendment) Regulations
(Northern Ireland) 2012. The Northern Ireland
Regulations for England and Wales, or the Scheme
Scheme is broadly similar to that in force in England
for Scotland, Wales, or Northern Ireland, as the
and Wales.
context requires.
Summary
Challenging the adjudicator’s finding in Part 8 proceedings – Construction of time provision
Andrew Bellis v Sky House Construction Ltd [2023] EWHC 1473 (TCC) Jason Coppell KC
The court was entitled to make a final determination under Part 8 on a suitable short question where there was no application to enforce an award and the Part 8 application was not being used to resist enforcement. The court held that in accordance with clause 1.4 of the JCT Minor Works Contract 2016, a notice under clause 6.4.2 terminating the contractor’s employment could not be given sooner than seven clear days after the giving of the warning notice under clause 6.4.1. A notice given on the seventh day was premature.
Freezing injunction in adjudication enforcement
1 Scheme for Construction Contracts (England & Wales)
4 Scheme for Construction Contracts (Scotland)
Regulations 1998 (SI 1998/649).
Regulations 1998 (SI 1998/687) (S.34).
2 Scheme for Construction Contracts (England & Wales)
5 Scheme for Construction Contracts (England and
(Amendment) (England) Regulations 2011 (SI
Wales) Regulations 1998 (Amendment) (Wales)
2011/2333).
Regulations 2011 (SI 2011/1715) (W.194).
3 Scheme for Construction Contracts (Scotland)
Amendment Regulations 2011 (SI 2011/371).
2
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