Detail of outcome
The responses and wider stakeholder engagement that took place during the consultation period will inform the preparation of the Post-Implementation Review of the 2011 Amendments to the Construction Act. This will assess the impact of the Amendments on the construction sector.
Detail of feedback received
We received 54 responses from a range of stakeholders, including:
- construction and civil engineering businesses
- business representative organisations and trade bodies
- legal representatives
- others including consultants, arbitrators and adjudicators
The consultation also welcomed other comments and evidence. A further 5 submissions were received. These included formal submissions from representative associations and individuals.
As part of its commitment to better regulation, the government said it will undertake a non-statutory Post Implementation Review of the 2011 changes to the Housing Grants, Construction and Regeneration Act 1996 (the “Construction Act”).
To help inform that review, this consultation seeks information to help establish how effective those changes have been in securing their objectives. The consultation also asks some more general questions on the existing construction payment and adjudication framework and a set of questions on the affordability of adjudication, its misuse and its continuing relevance.
The consultation is relevant to any party to a commercial construction contract as defined by the construction contracts legislation. It is also relevant to adjudicators, arbitrators and lawyers. While this consultation concerns construction specific legislation it may also be relevant for those with an interest in prompt payment more generally and to insolvency practitioners. The legislation does not apply to residential occupiers.
The final stage Impact Assessment of the 2011 amendments is available on the Legislation site.
The consultation runs in parallel with one on Retention payments in the construction industry.