Tales of the unexpected

Elliot, T.

Tales of the unexpected - 2001 - Building (41) 54(1) .

Examines the effects of the Construction Act 1996. Considers three cases where judges have had to decide on what constituted a construction contract. For example, in Nottingham Community Housing Association v Powerminister, the judge had to consider a maintenance contract for gas central heating and cooking systems entering into by a housing association. The judge held that according to the act the gas maintenance fell within the definition of "the construction, alteration, repair and maintenance of buildings". Rather surprisingly therefore, the gas agreement was a construction contract. Cites two other cases, including Stavely Industries vs Oderbrecht Oil and Gas Services" that give similar conclusions.


HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
UK CONSTRUCTION INDUSTRY
NOTTINGHAM COMMUNITY HOUSING ASSOCIATION VPOWERMINSTER
STAVELY INDUSTRIES VODERBRECHT OIL AND GAS SERVICES
GIBSON LEA RETAIL INTERIORS V MAKRO SELF SERVICE WHOLESALERS