I have just been reading the debate about the proposed changes to the Construction Act. The amendments have reached a key stage in the process of becoming law and are about to be adopted unless someone does something about it. And they should!
The act has been in force since 1 May 1998 and in my humble opinion is the best thing since sliced bread as far as subcontractors are concerned.
The government’s proposed changes seem to be a bit of a failure. On the subject of adjudication provisions, as things stand, you will get a new section which, as Rupert Choat from Cameron McKenna says, “permits a range of devices designed to avoid the act to survive”. Which is a posh way of saying that contractors can still put one over on specialists.
The construction act is the best thing since sliced bread as far as subcontractors are concerned
Subcontractors have a choice. Option one: pretend it isn’t happening. Option two: do something about it. I would choose option two. This will be a major problem for specialist subcontractors. That is, if they all do nothing about it.
Barry Ashmore, Ashmore Consulting