The ‘Act’ means the Housing Grants, Construction and Regeneration Act 1996, as amended by the Local Democracy, Economic Development and Construction Act 2009 Part 8. The ‘new’ provisions apply to contracts entered into on or after 1 October 2011. The Act applies to England and Wales, Scotland and Northern Ireland. The main regulations are contained in the Scheme for Construction Contracts (England and Wales) Regulations 1998 (the ‘Principal Regulations’). [1] They have been amended by the Scheme for Construction Contracts (England and Wales) (Amendment) (England) Regulations 2011 [2] (the ‘new Regulations’). The new Regulations apply only to contracts for construction operations in England entered into on or after 1 October 2011. For earlier contracts, the Principal Regulations apply. Northern Ireland has its own scheme: the Scheme for Construction Contracts in Northern Ireland 1999, as amended by the Scheme for Construction Contracts in Northern Ireland (Amendment) Regulations (Northern Ireland) 2012. The Northern Ireland Scheme is broadly similar to that in force in England and Wales. There are separate regulations for contracts for work in Scotland, applicable to contracts made on or after 1 November 2011. [3] The new regulations apply only to contracts for work in Scotland entered into on or after this date. For earlier contracts, the Scheme for Construction Contracts (Scotland) Regulations 1998 [4] applies. There are new separate regulations for Wales, applicable to contracts for construction operations in Wales entered into on or after 1 October 2011. [5]
A reference to ‘the Scheme’ is to the Principal Regulations for England and Wales, or the Scheme for Scotland, Wales or Northern Ireland, as the context requires.
Summary
Jurisdiction – right to adjudicate under a settlement agreement whether a settlement agreement was a construction contract or a variation of the original construction contract London Eco Homes Ltd v Raise Now Ealing Ltd [2025] EWHC 1501 (TCC) District Judge Baldwin (judgment 25 March 2025) The settlement agreement related to construction operations and ‘other matters’ and therefore s.104(5) of the Act applied. Since the dispute arose out of the ‘other matters’ the implied provision for adjudication didn’t enable the dispute to be referred to adjudication. However, having regard to its terms and purpose, the settlement agreement was a variation of the original joint contracts tribunal (JCT) construction
2
www.ciarb.org
Made with FlippingBook - professional solution for displaying marketing and sales documents online