EfW case brings clarity to hybrid contracts

摘要

Readers will be aware that the Housing Grants, Construction and Regeneration Act 1996, which came into force on 1 May 1998, applies to all "construction operations" carried out in the UK, save for a certain narrow set of exemptions provided for by section 105, which include the "assembly, installation or demolition of plant or machinery, or erection or demolition of steelwork for the purposes of supporting or providing access to plant or machinery, on a site where the primary activity is [...] power generation", as well as certain other engineering projects, such as nuclear processing and sewage treatment plants.