Disputes under the UK’s ‘new’ Construction Act

The UK’s ‘Construction Act’ is now well into the formal process of change. The Bill completed its House of Lords stages on 29 April 2009 and was presented in the House of Commons on 30 April and debated at second reading on 1 June 2009. The bill was sent to a public bill committee that completed its consideration on 18 June 2009. Fundamental change will be visited upon the construction industry. The irresistible question is whether the bill’s proposed amendments are sufficiently thorough or whether they stillleave scope for creative legal arguments and/or disputes. This paper seeks to answer these questions. The proposed changes are explained together with a review of those issues where change is not (currently) contemplated and/or where disputes are likely.