Baatz, N (2012) The UK Construction Act process plant exclusion. Proceedings of Institution of Civil Engineers: Management, Procurement and Law, 165(4), pp. 205-206. ISSN 17514312
Abstract
The UK Housing Grants, Construction and Regeneration Act 1996 Act imposed mandatory terms upon many construction contracts regulating payment and providing for interim determination of disputes by means of adjudication. Section 105(2) of the Act excluded from this regime certain construction operations at many process and engineering facilities, for example, at sites where the primary activity is power generation. A decision of the Technology and Construction Court, Cleveland Bridge (UK) Ltd v. Whessoe-Volker Stevin Joint Venture, has clarified the scope of this exception. The Court decided that the excluded operations were to be narrowly construed. This may mean that where the contract work includes the supply and assembly of plant, only the operation of assembly or installation of the plant will be excluded from the 'reach' of the Act. If the intention at the time of the 1996 Act was that both supply and installation of plant and machinery at such sites was to be excluded then it seems that the drafting may not have achieved that. The 1996 Act has been amended in other respects by the Local Democracy, Economic Development and Construction Act 2009 but not in this respect.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | contracts & law; disputes & arbitration; energy |
| Index terms: | economic development and construction act 2009, local democracy, housing grant, dispute, construction operation, Construction and Regeneration Act 1996, adjudication, joint venture, arbitration, power generation, drafting, construction contract |
| Subjects: | contract type, economic analysis, construction operations, business, dispute resolution, technical documentation, energy systems, statutes, political science |
| Topics: | Governance, Business Strategy, Site Management, Design Practice, Sustainability, Procurement, Legal Issues |
| Descriptive scope: | 2 PC |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here