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Construction Industry United Kingdom Construction Litigation

Mayer Brown

Legal Developments in Construction Law: July 2025

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1. UNFIT FOR HABITATION UNDER THE DPA? HOW DOES THE COURT WORK OUT THE DAMAGES? The Defective Premises Act may be 53 years old but it has received particular attention in recent years, notably following its makeover by...more

BCLP

Is the Adjudication Process Unfair?

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On 17 June 2025 the Adjudication Society held a panel discussion, hosted by BCLP, looking at whether the adjudication process is unfair to employers, main contractors or subcontractors or does it just feel that way....more

K&L Gates LLP

URS v. BDW [2025]: Supreme Court Confirms Consultants' Duty to Developers for Historic Defects

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The UK Supreme Court’s (Court) decision in URS Corporation Ltd v. BDW Trading Ltd [2025] UKSC 21 resolves key questions around the recoverability of remediation costs where the developer no longer owns the property and has no...more

BCLP

Shifting Contractual Risks and Managing Electronic Contracts

BCLP on

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

Mayer Brown

Legal Developments in Construction Law: March 2025

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1. PRIVY COUNCIL RULES OUT CONTRACTOR'S CANCELLATION CHARGES IN FIDIC YELLOW BOOK TERMINATION CLAIM - The employer, under two contracts based on the 1999 FIDIC Plant and Design-Build Yellow Book, terminated the contracts...more

BCLP

Briefcase 2025 Quarter 1: Key Real Estate Cases and Updates

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Case 1: Handston Investments Limited v Abri Group Limited - The court refused to grant an interim injunction to pause construction that would significantly interfere with a neighbour’s rights to light. Instead, the Court...more

BCLP

Building Safety Act: New TCC Case on Building Information Orders

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Section 130 of the Building Safety Act 2022 (BSA) allows the High Court to make building liability orders (BLO) if it considers it just and equitable to do so.  Section 132 allows the court to make an information order to...more

BCLP

Adjudication and Insolvency: Interface of Two Statutory Regimes Affecting the Construction Industry

BCLP on

Adjudication has become a key tool in the construction industry, helping employers and contractors resolve disputes quickly and keep cash flowing on projects. But when insolvency enters the picture, things can get tricky —...more

JAMS

The Complexities of Construction Dispute Resolution, Part I: Statutory Adjudication

JAMS on

While disputes can occur in any type of commercial transaction, construction contains a unique mix of “ingredients” that increase the likelihood that disputes will arise. Whereas most commercial transactions involve only a...more

BCLP

On Your Radar? 10 Real Estate Risk Areas to Watch in 2025

BCLP on

As we look ahead to 2025, several key areas within the real estate sector are poised to see an uptick in disputes. This report outlines ten pressing issues that property owners, occupiers, developers and investors should be...more

Hogan Lovells

Proving causation of loss is key in professional negligence claims

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Duty, breach and damage are the three essential elements of a claim in contract or tort. Demonstrating breach of a duty is insufficient on its own to found liability. A claimant must demonstrate that the breach is the cause...more

Mayer Brown

Legal Developments in Construction Law: September 2024

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1. SUPREME COURT PUTS COLLATERAL WARRANTIES IN THEIR THEIR PLACE - Can a collateral warranty be a "construction contract" under the Construction Act, an agreement for the carrying out of construction operations?...more

A&O Shearman

Breach it and weep: deemed fulfilment ain’t fictional

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The Court of Appeal has held that a party who prevents a condition precedent to their obligation to pay from being met cannot rely on the unfulfilled condition to escape their liability in debt....more

White & Case LLP

Construction contracts: extensions of time and apportionment of delay

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If an extension of time (EOT) clause permits the apportionment of delay, what should be taken into account when apportioning delay? Comments in a recent decision of the Singapore Court of Appeal indicate that a party's...more

White & Case LLP

Advance payment guarantees: three unsuccessful attempts to prevent encashment

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Advance payment guarantees are commonly used in the construction industry. However, successful challenges to a demand made under an advance payment guarantee appear to be less common. This article looks at three recent cases...more

Hogan Lovells

How to draft for concurrent delay wherever your projects are

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A new English Court of Appeal decision shows how to allocate concurrent delay risk successfully. Our worldwide construction team helps your drafting reflect this growing tendency for courts and arbitrators globally to prefer...more

Bradley Arant Boult Cummings LLP

Unstable Foundations: Following Industry Standards During Design Not Enough to Absolve Design/Build Contractor of Liability -...

MT Højgaard A/S (Respondent) v E.ON Climate & Renewables UK Robin Rigg East Limited, involved the construction of foundation structures for an offshore wind farm. The Supreme Court of the United Kingdom analyzed whether a...more

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