I have just read Tony Bingham’s article in this week’s Building (8 October, page 54). I am aghast at the indecision of review panel number one – the looking at changes to the Construction Act’s payment rules – which surely must have the sense to recognise injustice and abuse when it sees it!
The Construction Act has been the most effective way of thwarting contractual mugging in decades. However, it, like any other piece of legislation, needs tweaking from time to time.
With this in mind, I do take exception to Bingham’s reference to the “nanny government” and his suggestion that it should be left to the subby “to read the small print and tell the main contractor to go to hell”.
Subcontractors do not always have the clout to have these clauses struck out. And if we try, we risk losing the hard-won contract. We do need the protection of the government and we are only asking for the abuse that is taking place (to the Construction Act) to be stopped and for the act to work as it was intended.
John Murphy, managing director, Claydon Aluminium
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