2 South West Building & Construction SOUTH WEST


March-April 2012


BUILDING & CONSTRUCTION


Tavistock Newspapers Ltd, 14 Brook Street, Tavistock, Devon, PL19 0HE. Tel: 01822 613666 Fax: 01822 618222


INSIDE THIS ISSUE


■ EL Greening and Sons - Page 8 ■ Spotlight on surveyors - Page 11 ■ Federation of Master Builders - Page 14 ■ Tamar Security - Page 16 ■ Welding and fabrication - Page 18 ■ Concrete in construction - Page 23 ■ Environment Topics - Page 25 ■ Services - Page 30 ■ CIC column - Page 31


CAPTION FOR FRONT PAGE PICTURES: News and information from the businesses on the front cover is featured in this issue of South West Building & Construction magazine.


Quote of the month


‘


Today it is impossible for anyone to do anything anywhere without being found out - Jeremy Clarkson


STEPHEN HOMER


Solar contracts


Stephen Homer, a former chairman of the CIC South West (Devon & Cornwall), discusses solar maintenance contracts.


SOLAR power has boomed as a green source of energy and the popularity of solar panels looks set to increase.


It is important that businesses


have suitable arrangements in place to address future servicing and maintenance requirements. In addition to reactive action in response to faults, users may consider entering into long-term servicing and maintenance agreements.


It is important to note, therefore that, in legal terms, any agreement which involves servicing, repairs and similar forms of maintenance to solar panels and other energy efficiency improvements may attract the status of ‘construction contract’.


This is because such work is


How you can contact us


EDITORIAL Editor: Paul White


Main contributor: Andrew Townsend Paul White Communications


PO Box 40, Callington, PL18 9WB ADVERTISING:


Judith Jewell Tel/Fax 01837 658941 E-mail judithjewell@btinternet.com


MAILING LIST


If you have a change for our mailing list Tel 01822 615007 Fax 01822 618971


E-mail swbmail@internet-today.co.uk ’


likely to constitute ‘construction operations’ under s.105(1)(a) of the Housing Grants, Construction and Regeneration Act 1996 (as amended) (the HGCRA). The practical implications should not be too onerous, but the HGCRA requires certain mandatory terms to be included in non-domestic construction contracts regardless of what the parties may have agreed between themselves. Such terms relate, inter alia, to


the following: 1. Payment - Specific timescales and notice requirements apply where a contract is a construction


contract. Further, with certain limited exceptions, the right to receive payment must not be made contingent on certification/payment made under a third party contract. 2. Dispute Resolution - Parties to construction contracts are entitled to refer any dispute or difference which may arise in relation to the contract to adjudication.


3. Suspension - A contractor is entitled to suspend any or all of his/her obligations under a construction contract in the event that the employer fails to make payment and to recover costs incurred as a result of exercising this right.


If the contract does not already include such provisions, the HGCRA specifies that the default rules in the Statutory Scheme will be implied into the contract and replace any agreed terms that would not satisfy legal requirements. To avoid these default rules and in the interests of clarity, it is advisable to address the legal requirements by agreeing terms which are compliant with the HGCRA at the outset.


It is advisable to seek professional advice to clarify the legal position and ensure compliance. If anyone has any queries arising from this article, I can be contacted via email at s.homer@ashfords.co.uk.


South West Building & Construction Magazine


The magazine is now available to read on the world wide web


Visit: www.tavistock-today.co.uk and click on Special Publications


to view the magazine on line. Tel: Judith on 01837 658941 Email: judithjewell@btinternet.com


DISCLAIMER: The CIC SW will not accept any responsibility for any loss occasional to any person acting or refraining from action as a result of the material included in this publication.


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