Construction Act checklist: payment and adjudication clauses (HGCRA 1996)BETA
The Housing Grants, Construction and Regeneration Act 1996 requires construction contracts to provide for adjudication, a payment mechanism, due and final dates, payment notices and the right to suspend. It prohibits pay-when-paid clauses. Where the contract falls short, the Scheme for Construction Contracts applies by law.
Up to 20 pages a month free. Files are not stored.
Law as of
2011-10-01
Wording in force since 1 October 2011 (England and Wales; Scotland 1 November 2011). Some contracts in Wales are excluded since 2023. Where the contract lacks a required provision, the Scheme for Construction Contracts applies.
Our measurement
Not measured on real contracts (JCT and NEC forms are paid); checked on sample clauses
What we check (10 provisions)
Right to refer a dispute to adjudication at any time
s.108(2)(a)
Appointment and referral within 7 days
s.108(2)(b)
Decision within 28 days (or longer agreed period)
s.108(2)(c)–(d)
Decision binding until finally determined
s.108(3)
Instalment, stage or periodic payments
s.109 · applies to: work lasting 45 days or more
Mechanism for what becomes due and when (due date)
s.110(1)(a)
Final date for payment
s.110(1)(b)
Payment notice within 5 days after the due date (sum and basis)
s.110A
Pay less notice (intention to pay less)
s.111
Right to suspend performance for non-payment (7 days' notice)
s.112
Prohibited provisions
Prohibited: payment conditional on payment by a third party (pay-when-paid)
s.113
What the result looks like
For each provision you get "found" with a verbatim quote and the file name, or "not found in the documents". The quote is cut from the document character for character, so you can verify it in the original in seconds.
The engine is deterministic: no generative model, the same document always gives the same result. It does not judge whether a provision is adequate; that is the lawyer's call.
Frequently asked questions
What must a UK construction contract contain?
Under Housing Grants, Construction and Regeneration Act 1996, ss. 108–113 (as amended by the Local Democracy, Economic Development and Construction Act 2009): right to refer a dispute to adjudication at any time; appointment and referral within 7 days; decision within 28 days (or longer agreed period); decision binding until finally determined; instalment, stage or periodic payments; mechanism for what becomes due and when (due date); final date for payment; payment notice within 5 days after the due date (sum and basis); pay less notice (intention to pay less); right to suspend performance for non-payment (7 days' notice). The contract must not contain: payment conditional on payment by a third party (pay-when-paid). KROTKA checks each of these provisions separately.
Does KROTKA use AI to check the contract?
Not generative AI. The list runs on deterministic rules: the same document always gives the same result, and every provision found is shown as a verbatim quote you can verify. The engine does not invent or paraphrase anything.
Which version of the law do you compare with?
The law as of 1 October 2011. Wording in force since 1 October 2011 (England and Wales; Scotland 1 November 2011). Some contracts in Wales are excluded since 2023. Where the contract lacks a required provision, the Scheme for Construction Contracts applies.
How accurate is the list?
Our measurement: Not measured on real contracts (JCT and NEC forms are paid); checked on sample clauses. The list is in beta. We measure on agreements the engine has not seen before, against independently prepared annotations.
Does KROTKA judge whether a clause is adequate?
No. It shows whether and where the provision appears. Judging its content is the lawyer's job. "Not found" means the engine found no such provision in the uploaded documents. KROTKA does not provide legal advice.
What is the Scheme for Construction Contracts?
Statutory rules that fill the gaps where a construction contract does not meet the Act. A missing provision does not void the contract, but the Scheme's rules apply instead of terms agreed by the parties.
Are my documents stored?
No. Files are analysed in memory and not stored on our servers. They are never used to train models.
How much does a check cost?
Up to 20 pages a month free. A single matter up to 150 pages is €24, the Professional plan €59 a month for 2,000 pages. Every list runs on every analysis.
Other checklists
- GDPR Art. 28(3): data processing agreement
- DORA Art. 30: ICT third-party contract
- HIPAA: business associate agreement (BAA)
- UK Employment Rights Act s.1: written statement of particulars
- Polish Public Procurement Law: mandatory contract terms
Up to 20 pages a month free. Files are not stored.