Payment

Payment is one of the most important issues in any construction contract for both the party making payments and the party receiving them. The construction industry has its own particular rules concerning payment by way of Part II of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) and Part II of the Scheme for Construction Contracts (the Scheme). Parties dealing with construction contracts also need to be aware of a number of other issues which apply to construction contracts, including retention, loss and expense and provisional sums.

For a summary of the provisions of the HGCRA 1996 concerning payment, see Practice Note: Interim payments in construction contracts. For more detailed information, see Practice Notes: Interim payments in construction contracts and HGCRA 1996 payment provisions—key cases. In relation to the Scheme, see Practice Note: The Scheme for Construction Contracts.

For guidance in relation to the HGCRA 1996 more generally, see: HGCRA 1996—overview.

For consideration of the issues that frequently arise when negotiating provisions in relation to payment, see Practice Note: Negotiating a building contract—payment issues and for an

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Scottish Government launches consultation on housing delivery incentives and penalties

The Scottish Government has launched  a consultation seeking views on measures to accelerate the build-out of homes on sites already identified for housing development, in response to falling housing starts and completions despite a substantial pipeline of consented land. The consultation supports the Housing Emergency Action Plan and related planning commitments, and examines whether incentives, penalties or other interventions could increase delivery rates, including for small and medium-sized housebuilders, within a plan-led, infrastructure-first framework under National Planning Framework 4. It is informed by evidence that slow delivery is driven primarily by post-consent factors such as market absorption rates, viability constraints, infrastructure costs, public sector risk exposure and limited developer capacity or commitment, rather than by the planning permission process itself. Drawing on previous reviews and research by bodies including the Competition and Markets Authority and the Scottish Land Commission, the consultation outlines potential approaches such as land assembly, public sector-led development, reform of compulsory purchase and sales powers, and policy tools to influence build-out rates, and notes that any future action may require legislative change in the next parliamentary session and would be subject to appropriate impact assessment. The consultation closes on 30 April 2026.

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