Construction Law - Subcontracts Essay Example | Topics and Well Written Essays - 2750 words

Construction Law - Subcontracts - Essay Example This paper examines various clauses of the Sub-contract and their level of compatibility with the Construction Act 2009 and the Joint Contracts Tribunal rules. The enactment of the Construction Act 1996 on 1st May 1998 made it the sole regulatory mechanism for all construction contracts (Evans, 2005; Teichmann, 2011).   The law was intended to handle issues in the construction industry relating to payments for completed construction projects and the then rampant cases of prolonged and costly legal disputes that were bringing construction activities at the sites to a near standstill. In the Act, different stakeholders in the building industry now reached a consensus about the various provisions which sought rationalize payment issues and establish a new way of resolving disputes that would keep construction projects going on throughout the duration of seeking resolutions to conflicts.  Adjudication was the new dispute resolution mechanism which was brought into the 1996 Construction Act. The Construction Acts are limited to regulating construction contracts only.  Sinden et al (2012) have noted that a construction contract is a working arrangement between two parties with for purposes of implementing construction activities.  In general, construction operations encompass erecting, altering, renovating, servicing, extension or bringing down of any buildings, constructions or works (Lynch, 2013; Evans, 2005).  This broad definition of construction works also includes piping and electrical installations, drainage networks and tunnels, clearing the debris from the site, landscaping and applying finishing touches like painting and decorations among others. In light of these definitions, this sub-contract is well within the confines of a construction project. Owing to the applicability of the Construction Act 1996 to contacts formed in writing, this Sub-Contract was conceived within the law (Teichmann, 2011). Nonetheless, the Construction Act 2009