What are generally the requirements in respect of construction contracts?
The general themes which run through construction contracts are:
• Workmanship and quality of materials
• Instructions and variations to the scope of the works and how these are valued
• Payment provisions (in line with the HGCRA)
• Insurances to include works insurance, public liability and professional indemnity insurance
• Assignment and rights to call for collateral warranties
• Copyright and use
• Prohibited materials
• Liquidated damages provisions for delay
• Extension of time and loss and expense claims which may be brought by the contractor and in what circumstances
• Termination rights and what happens on termination
• Disputes (which must include a right to adjudicate in compliance with the HGCRA)
• Typical boiler plate clauses
* “HGCRA” or “the Act”: the Housing Grants, Construction & Regeneration Act 1996 as amended by the Local Democracy, Economic Development and Construction Act 2009.
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