Construction Debate Questionnaire

The following questionnaire regards the provisions of the Housing Grants, Construction and Regeneration Act 1996 (the Construction Act) and its proposed amendments. In the interest of impartiality and ethics the questionnaire is coded to be submitted as an anonymous response.

Strongly
Disagree		 Disagree Neutral Agree Strongly
Agree
I am aware of the Latham and Egan Reports of the mid 90's
I am aware of the purpose of the Construction Act
I am aware of the provisions of the Scheme for Construction Contracts
I am aware of the legal interface between the Construction Act and the aforementioned Scheme 
I am aware that the Construction Act is currently being amended
I have never heard of the Construction Act


Strongly
Disagree		 Disagree Neutral Agree Strongly
Agree
Extended payment periods and their effect on cash flow are a key issue in the construction industry
Parties to a construction contract should be allowed freedom of contract to agree payment terms and periods
Legislative restrictions on payment terms and provisions would improve cash flow in the industry
Legislative restrictions on payment terms and provisions would reduce disputes within the industry
The need for legislative intervention to supervise payment conduct is a signal of a wider problem within the industry
Loopholes in the payment provisions of any amendments will eventually be exposed

  Strongly
Disagree		 Disagree Neutral Agree Strongly
Agree
I am aware of the distinction between 'set-off' and 'abatement'
I am aware of the requirements of an effective 'withholding notice' in the context of the Act.
I am aware of the legal rights to suspension relative to payment under the Act
I am aware of the legal rights to adjudication relative to payment under the Act
Industry specific legislation should be worded to accommodate the needs of the end-users

Strongly
Disagree		 Disagree Neutral Agree Strongly
Agree
The costs of amending the payment provisions (re-training, re-drafting etc.) are likely to outweigh the benefits
Industry consensus should be reached before any amendments to the Act are made
Additional legislation on payment terms will increase 'red-tape' in the industry

Strongly
Disagree		 Disagree Neutral Agree Strongly
Agree
The Act's first recession (2009) will further test the payment and dispute provisions of the Act
Amending the Act in the midst of a recession will cause confusion
I am aware of the concept of 'partnering'
'Partnering' as a concept has been a success




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