England
Which laws set a contractor's safety and payment duties in England?
Two sets of rules do most of the work on an English construction job. The CDM Regulations 2015 set who manages health and safety, when the HSE is notified, and the construction phase plan and health and safety file. The Construction Act 1996 sets payment notices, pay less notices and adjudication, with the Scheme filling any gap in the contract.
Safety: the CDM Regulations 2015
The client appoints the duty holders: where more than one contractor will work on the project, appoint in writing a principal designer and a principal contractor, as soon as is practicable and before the construction phase begins (reg 5(1)-(4)). A notifiable project goes to the HSE: where the project is notifiable, give the HSE written notice with the Schedule 1 particulars as soon as is practicable before the construction phase begins (reg 6(1)-(5); Sch 1). A project is notifiable if the construction work on a site is scheduled to last longer than 30 working days and have more than 20 workers working at the same time at any point, or to exceed 500 person days (reg 6(1)); a working day is any day on which construction work takes place (reg 2(1)). And the principal contractor, or the only contractor, must draw up a construction phase plan during the pre-construction phase and before setting up the construction site, and keep it reviewed and updated throughout the project (reg 4(5)(a), 12(1)-(4), 15(5), 15(6); Sch 3). Applies in Great Britain only (reg 3).
How the Regulations work, or read every duty the library holds from The Construction (Design and Management) Regulations 2015 (Great Britain).
- Principal designer and principal contractorWhen the client must appoint a principal designer and a principal contractor under CDM 2015, what each must do, and the duties of every other contractor.
- F10 notificationWhich construction projects are notifiable under CDM 2015, who notifies the HSE and when, the online F10 form, and displaying the notice in the site office.
- Construction phase planWho draws up the construction phase plan under CDM 2015 and when, what it covers, the pre-construction information behind it, and the site inspections.
- Health and safety fileWho prepares the health and safety file under CDM 2015, what goes in it, who feeds it during the project, and who receives it at the end.
- Domestic clientsWhen a project is for a domestic client, CDM 2015 passes the client's duties, notifying the HSE included, to the contractor or the principal designer.
Payment: the Construction Act 1996 and the Scheme
The payment notice is due within 5 days after each payment due date. The notified sum must be paid on or before the final date unless a pay less notice arrives in time, and either party can refer a dispute to adjudication, with a decision due within 28 days of referral. A pay when paid term is ineffective unless the third party, or anyone up the chain whose payment conditions it, is insolvent as s 113(2) to (5) define (s 113(1)).
Where the contract does not comply with the Act, the Scheme sets the defaults: where the contract sets no final date, 17 days after the due date; where the parties agreed no pay less period, not later than 7 days before the final date.
How the Act and the Scheme work, or read every duty the library holds from the Housing Grants, Construction and Regeneration Act 1996, Part II (Construction Contracts) and from The Scheme for Construction Contracts (England and Wales) Regulations 1998, as amended for England.
- Payment and pay less noticesThe payment notice within 5 days, the payee's notice, the pay less notice, and the Scheme's defaults: final date in 17 days, pay less 7 days before it.
- AdjudicationAdjudication under the Construction Act 1996: notice at any time, referral within 7 days, a decision within 28 days, nominating the adjudicator, and complying.
- Which contractsWhich contracts the Construction Act 1996 governs: construction operations in England, Wales or Scotland, what is left out, and why pay when paid fails.
What this page is, and is not
It is the section text this library holds for England, from The Construction (Design and Management) Regulations 2015 (Great Britain), Housing Grants, Construction and Regeneration Act 1996, Part II (Construction Contracts) and The Scheme for Construction Contracts (England and Wales) Regulations 1998, as amended for England, with the window and the consequence. It is not legal advice, and it is not a substitute for reading the Regulations, the Act, the Scheme and the contract you signed.
Demiton does not yet track English projects. These pages set out the duties; the product does not run these checks on an English job today.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.