Advanced construction Law
Your friend, Jess, comes to see you. Jess has recently been engaged on a construction project as the client’s representative. Jess has been working outside of the UK for some time and are looking for some advice on some of the key statutory requirements which they need to take account of. In particular, the client’s document management systems are poor, so their record keeping is not as good as it should be. Jess has just been engaged so is still working things out.
Jess is particular keen to ensure that she is up to speed on (i) the health and safety position and (ii) on the payment procedures. The contract governing the works is the JCT Standard form of Building contract, without quantities, 2011 edition unamended (English law applies).
Jess is comfortable in terms of simply reading through the relevant regulations and the contract but would find it helpful if you could explain the position to her on these two points and identify the key issues she should be aware of. In particular, she is keen to ensure that (i) she is well aware of, and understands, the arrangements for health and safety for the project and (ii) understands how the payment process is set up. She understands that there might be some issues with the service of notices – and is keen to try and ensure that there is a proper grip on things at the project level.In particular, she wonders whether she could try and vary the provisions to try and shorten the period for the service of Pay Less Notices – and what the consequence of that might be.
Explain the position to Jess as best as you can in terms of the health and safety position and the payment procedures. If you have any advice on her question about the service of pay less notices, you should include that.
law protects the position of those who are not signatories of a construction contract but who might suffer losses as a result of problems in the standard of work.
Identify and critically evaluate the protection given by these legal mechanisms, identifying the strengths and weaknesses of each.