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Construction Contracts (Amendment) Act (Northern Ireland) 2011

Section 1 - Requirement for construction contracts to be in writing

As originally enacted, Article 6 of the 1997 Order provided that the 1997 Order only applied to contracts which were “in writing”. The corresponding provision within Part 2 of the Housing Grants, Construction Regeneration Act 1996 in GB was interpreted restrictively by the courts such that all of the non-trivial terms of construction contracts had to be “in writing” for Part 2 to apply.

Section 1 removes this general requirement, whilst prescribing that various matters must nonetheless be in writing.

Subsection (1) repeals Article 6 in its entirety with the effect that the 1997 Order will apply to all construction contracts – those which are wholly in writing, partly in writing or wholly oral.

Subsection (2) provides that certain provisions of a construction contract, relating to adjudication, must be “in writing”. These are various provisions relating to adjudication.

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Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

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