Jurisdiction(s):
United Kingdom

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Key definition

Requirements definition

What does Requirements mean? In Development Consent Order (DCO) practice, Requirements are the binding conditions that regulate how, when and on what detailed terms the authorised development may proceed. They typically oblige the undertaker to submit and secure approval of detailed design, construction, and environmental management documents (for example, CEMP, traffic, landscape, contamination and archaeology plans) before commencement, phased works or operation. The term is used in legislation: section 120 of the Planning Act 2008 permits a DCO to impose “requirements”. In most DCOs they are set out in a schedule (often Schedule 2) and function similarly to planning conditions under the Town and Country...

Negotiating payment provisions in building contracts (JCT/NEC): cycles, pay less notices, retention and trust, late payment interest, fluctuations, cross-contract set-off, and withholding for collateral warranties and bonds

Published by a LexisNexis Construction expert

Practice notes

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The payment terms in a construction contract will ordinarily allow the contractor to submit applications (though submissions are not invariably required) either each month or at the close of defined phases (eg when the works hit stated milestones), and may prescribe what those applications must include as well as arrangements for settling the Final account. The agreement should likewise specify the deadlines for service of the various notices in line with the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996). It will also typically include clauses dealing with Loss and expense payments, interest on late payment and the withholding of retention, and may incorporate other provisions connected to payment. Many of these payment clauses will be uncontroversial and will mirror terms commonly found in the market. There are, however, several issues concerning payment that are routinely the focus of negotiation between the parties. This Practice Note is a negotiation guide, identifying the most common points that generally arise on payment when drafting and negotiating construction contracts. What the parties eventually agree will depend upon the particular circumstances of the project and the strength of the parties’ negotiating position as between them in relation to the matters addressed herein accordingly...

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Web page updated on 21/05/2026

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