Derecho de la construcción

Adjudication — Any party to a construction contract has a statutory right to refer disputes to adjudication at any time (HGCRA 1996, s.108). The adjudicator must reach a decision within 28 days (extendable by 14 days with consent).

Payment — The Construction Act regulates payment: interim payments must be made by a specified date, and a paying party must give payment and/or pay-less notices within prescribed periods or pay the notified sum in full.

Standard Form Contracts — JCT (Joint Contracts Tribunal) and NEC (New Engineering Contract) are the most commonly used standard forms. They allocate risk, set payment mechanisms, and provide for variations and extensions of time.

Defective Premises — The Defective Premises Act 1972, s.1, imposes a duty on persons taking on work for or in connection with the provision of a dwelling to ensure the work is done in a workmanlike manner with proper materials so the dwelling is fit for habitation.

Professional Negligence — Architects, engineers, and surveyors owe duties of care in tort and contract. Limitation periods may be extended where the defect is latent (Latent Damage Act 1986).

Retention — The employer typically withholds a percentage (usually 5%) of interim payments as security for defects. Half is released at practical completion, the remainder at the end of the defects liability period.

Health and Safety — The CDM Regulations 2015 require duty-holders (clients, designers, principal contractors) to manage health and safety risks throughout a construction project.

Bond and Guarantees — Performance bonds, parent company guarantees, and retention bonds provide security for project completion and defect rectification.