Construction Contracts in General - Scottish Construction Contracts - page 3

(b) to provide advice on building, engineering, interior or exterior decoration or
on the laying-out of landscape, in relation to construction operations .

3. References in this Part to a construction contract do not include a contract of
employment (within the meaning of the Employment Rights Act 1996) .

4. The Secretary of State may by order add to, amend or repeal any of the provisions
of subsection (1), (2) or (3) as to the agreements which are construction contracts
for the purposes of this Part or are to be taken or not to be taken as included in
references to such contracts

…

It will be noted that the 1996 Act applies to matters beyond the carrying out of build-
ing works. It applies to architectural, design and surveying works and to advising on
building,engineering,interiororexteriordecorationoronthelaying-outoflandscape
in relation to construction operations.
The definition of 'construction operations' is central to Part II. This term is defined
by section 105(1) which provides as follows:

1. In this Part 'construction operations' means, subject as follows, operations of any
of the following descriptions -

(a) construction, alteration, repair, maintenance, extension, demolition or dis-
mantling of buildings, or structures forming, or to form, part of the land
(whether permanent or not);
(b) construction, alteration, repair, maintenance, extension, demolition or
dismantling of any works forming, or to form, part of the land, including
(without prejudice to the foregoing) walls, roadworks, power-lines, electronic
communications apparatus, aircraft runways, docks and harbours, railways,
inland waterways, pipe-lines, reservoirs, water-mains, wells, sewers, indus-
trial plant and installations for purposes of land drainage, coast protection
or defence;
(c) installation in any building or structure of fittings forming part of the land,
including (without prejudice to the foregoing) systems of heating, lighting,
air-conditioning, ventilation, power supply, drainage, sanitation, water sup-
plyorireprotection,orsecurityorcommunicationssystems;
(d) external or internal cleaning of buildings and structures, so far as carried out
in the course of their construction, alteration, repair, extension or restoration;
(e) operations which form an integral part of, or are preparatory to, or are
for rendering complete, such operations as are previously described in this
subsection,includingsiteclearance,earthmoving,excavation,tunnelling
and boring, laying of foundations, erection, maintenance or dismantling of
scaffolding, site restoration, landscaping and the provision of roadways and
other access works;
(f) painting or decorating the internal or external surfaces of any building or
structure .