The HGCRA 1996 and energy projects—the issue of mixed contracts


Produced in partnership with Clarke Willmott
Practice notes

The HGCRA 1996 and energy projects—the issue of mixed contracts


Produced in partnership with Clarke Willmott

Practice notes
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This Practice Note considers the circumstances in which the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) applies to energy projects in the UK, and some of the issues that may arise in practice. It should be read alongside Practice Note: What is a construction contract under the HGCRA 1996?.

The HGCRA 1996 applies to all construction contracts (as defined therein) in England, Wales and Scotland. When drafting a contract, it is important to consider whether the works being carried out on site fall within the ambit of the HGCRA 1996 and therefore whether the contract should be compliant with it. This is a debate that frequently arises on energy projects where some or all of the works carried out may fall within the exclusions of the HGCRA 1996.

Does the HGCRA 1996 apply to energy projects?

In order for the HGCRA 1996 to apply to a contract, the contract must fall within the definition of 'construction contract' (HGCRA 1996, s 104), being a contract for the carrying out of (or arranging for,

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Exclusions definition
What does Exclusions mean?

The financial services and markets act 2000 (Regulated Activities) Order 2001, SI 2001/544 lists statutory exclusions which are provisions which, if complied with, turn regulated activities into unregulated activities.

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