A construction
contract is an agreement to carry out, arrange for, or supply labour for construction operations, or to provide related professional services such as architectural, design, surveying or project management on a construction project. In England and Wales and Scotland, the statutory definition is in the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), ss 104–105. If an agreement is a construction contract under the HGCRA, it must contain compliant payment mechanisms (including interim payments and payment/pay less notices) and confers a right to statutory
adjudication at any time. Non-compliant contracts have terms implied by the relevant Scheme for Construction Contracts. “Pay when paid” clauses are generally ineffective.
Typical examples include building, civil engineering, refurbishment and M&E works, and consultants’ appointments. Pure supply-only of materials is usually outside scope. There are statutory exclusions, including contracts with a residential occupier and certain process/energy-related operations.
In Northern Ireland, equivalent rules apply under the Construction Contracts (Northern Ireland) Order 1997 and the NI Scheme. In Ireland, the Construction Contracts Act 2013 defines construction contracts and provides statutory payment protections and adjudication, though the scope and exclusions differ from the HGCRA regime.