In this Insight, first published in PLC, Shy Jackson considers how settlement agreements, while intended to resolve disputes, can sometimes become the source of further conflict over their interpretation and...more
In this Insight, first published in PLC, Partner Shy Jackson considers the JCT's Target Cost Contract, 2024 Edition (TCC 2024), a new addition to its 2024 Edition contract suite that reflects the wider industry trend towards...more
On 19 June 2025, the government introduced its 10-Year Strategy, a comprehensive plan aimed at fostering economic growth through investment in (amongst other areas) housing and social infrastructure. This strategy marks a...more
7/3/2025
/ Anti-Competitive ,
Construction Contracts ,
Construction Industry ,
Consultation ,
Economic Growth ,
Housing Developers ,
Housing Market ,
Infrastructure ,
Market Research ,
Public Procurement Policies ,
Regulatory Requirements ,
Supply Chain ,
UK ,
UK Competition and Markets Authority (CMA)
In Placefirst Construction Ltd v Car Construction (North East) Ltd [2025] EWHC 100 (TCC), the Technology and Construction Court has shed welcome light on the payment notice requirements of the Housing Grants, Construction and...more
4/16/2025
/ Breach of Contract ,
Construction Contracts ,
Construction Disputes ,
Construction Litigation ,
Contract Disputes ,
Contract Interpretation ,
Notice Requirements ,
Payment Terms ,
Prompt Payment ,
Subcontractors ,
UK
In this Insight, Shy Jackson takes a look at the decision of John Sisk and Son Limited v Capital & Centric (Rose) Limited [2025] EWHC 594 (TCC) where the court had to grapple with interpreting a contract which was kept on a...more
4/10/2025
/ Breach of Contract ,
Commercial Insurance Policies ,
Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Contract Disputes ,
Contract Interpretation ,
Contract Terms ,
Electronic Agreements ,
Risk Management ,
UK
In this Insight, first published in the March 2025 edition of the NEC Newsletter, Shy Jackson considers the topic of the “battle of the forms” in the context of a recent Scottish case, Caledonia Water Alliance v Electrosteel...more
3/4/2025
/ Breach of Contract ,
Business Litigation ,
Construction Contracts ,
Construction Industry ,
Contract Disputes ,
Contract Terms ,
Dispute Resolution ,
Evidence ,
Jurisdiction ,
Standard Forms ,
Terms and Conditions ,
UK
Not everyone will be familiar with the 1994 Latham Report that advocated the use of good faith, but the government’s Construction Playbook and the equivalent private sector Trust and Productivity report are more recent...more
1/15/2025
/ Breach of Contract ,
Condition Precedent ,
Construction Contracts ,
Construction Industry ,
Contract Disputes ,
Contract Terms ,
Dispute Resolution ,
Good Faith ,
Information Reports ,
Standard Forms ,
Termination ,
UK
In this Insight, Shy Jackson and Rebecca Maxwell consider what we can learn from the case of Workman Properties Ltd v Adi Building & Refurbishment Ltd [2024] EWHC 2627 (TCC) which provides a salient reminder of the importance...more
Site visits can play an important part in construction arbitration, allowing the tribunal to gain a clearer understanding of the works in dispute. However, agreeing the terms of a site visit can be a contentious process...more
11/14/2024
/ Adjudicatory Process ,
Arbitration ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Disputes ,
Dispute Resolution ,
General Contractors ,
International Arbitration ,
Site Visit Program ,
Tribunals ,
UK
In this Insight, first published in PLC, Shy Jackson considers the Court of Appeal's decision in Providence Building Services Ltd v Hexagon Housing Association Ltd [2024] EWCA Civ 962 that a contractor was entitled to...more
10/8/2024
/ Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Disputes ,
Contract Termination ,
Contract Terms ,
Design-Build ,
General Contractors ,
Late Payments ,
New Engineering Contracts (NEC Contracts) ,
Standard Form Contracts ,
UK
Construction is a $1.7 trillion industry worldwide, contributing between 5 and 7 percent of GDP in most countries. However, it is also an industry that is highly vulnerable to corruption due to its inherent characteristics....more
7/18/2024
/ Bribery ,
Civil Liability ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Terms ,
Corruption ,
Criminal Liability ,
Financial Crimes ,
Fraud ,
Hong Kong ,
Saudi Arabia ,
Serious Fraud Office (SFO) ,
Singapore ,
Surveys ,
UK ,
UK Bribery Act ,
United Arab Emirates (UAE) ,
White Collar Crimes
When a party fails to comply with a condition precedent, especially if such a provision includes a time limit for the fulfilment of the obligation, it will often advance various arguments to avoid the consequences of...more
6/13/2024
/ Commercial Contracts ,
Construction Contracts ,
Construction Litigation ,
Construction Project ,
Contract Disputes ,
Contract Interpretation ,
Contract Terms ,
Data Breach ,
Notice Requirements ,
Subcontractors ,
UK
Considering "good faith" clauses and comparing NEC's mutual trust and co-operation provision with JCT 2024's collaborative working provisions, first published in PLC.
Originally published in PLC Construction - June 5,...more
The long-anticipated Construction Industry Security of Payment Bill (“Bill”) was gazetted on 17 May 2024 and was introduced into LegCo for its first reading on 29 May 2024. The Bill aims to establish a legislative framework...more
Traditional contracting has, in recent years, come under increasing criticism for being, among other things, unable to handle increasingly complex projects as there is little incentive for employers and contractors alike to...more
The Hong Kong Edition of the New Engineering Contract (“NEC”) was published in July 2023 in a joint undertaking with the Development Bureau (“DEVB”) of the HKSAR Government (“Government”). ...more
In the case of Bellway Homes Limited v Surgo Construction [2024] EWHC 10 TCC, the court addressed whether it is possible to start a smash & grab adjudication but also a claim based on true value adjudication as a secondary...more
The September 2020 decision by the Scottish Court of Session in Van Oord UK v. Dragados UK [2020] CSOH 87, which has now been appealed. The dispute centred on the ability of Aberdeen Harbour expansion main contractor Dragados...more
1/18/2022
/ Appeals ,
Breach of Contract ,
Construction Contracts ,
Contract Disputes ,
Contract Terms ,
Contractors ,
General Contractors ,
Public Projects ,
Scotland ,
Standard Form Contracts ,
Subcontractors ,
UK