Introduction
In June of this year the DTI published its long-awaited Second Consultation on its proposals to amend the Housing Grants Construction and Regeneration Act 1996 (“the Act”), Part II and the Scheme for Construction Contracts (England and Wales) Regulations 1998 (“the Scheme”). The most recent proposals have been met with mixed views by the construction industry: some think they strike the correct balance between the Act’s original intentions and freedom of contract; and others believe that it is a missed opportunity.