News & Analysis as of

Construction Industry United Kingdom Contract Disputes

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

Vinson & Elkins LLP

Technology, Infrastructure, and the Future of Disputes: A Conversation with Roberta Downey

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Roberta Downey, a seasoned disputes lawyer, shares how rapid innovation is transforming the construction industry, reshaping contracts, and presenting new challenges for legal teams worldwide. In your recent piece for The...more

Mayer Brown

Whats 'Appening? The Impact of Technologies on Legal Formality Requirements?

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While lawyers may still be wary of using WhatsApp in their professional life, the business world has been eager to embrace it. But what weight does a WhatsApp message (or the content of any messaging platform) have and how...more

BCLP

Shifting Contractual Risks and Managing Electronic Contracts

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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

BCLP

Battle of the Forms: A Recent Example

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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

BCLP

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

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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

BCLP

JCT 2024 Contracts - Good Faith in Practice

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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

BCLP

The IBA Site Visit Protocol: A framework for Avoiding Disputes Within Disputes

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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

BCLP

Interpreting Termination Clauses: a Recent Example From the Court of Appeal

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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

Vinson & Elkins LLP

"Supreme Court Rules Most Collateral Warranties Are Not Construction Contracts" in Abbey Healthcare v Simply [2024] UKSC 23

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On 9 July 2024, the Supreme Court unanimously held that collateral warranties deriving from or reflective of the primary building contract, and merely promising continued construction, are not generally considered agreements...more

BCLP

Abbey Healthcare - A Prompt for Considering Contractual Adjudication in Collateral Warranties?

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An article considering the Supreme Court’s decision in Abbey Healthcare, which decided that a typically worded collateral warranty is not a construction contract for the purposes of the Housing Grants, Construction and...more

BCLP

Can You Smash & Grab and Argue About True Value in the Same Adjudication?

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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

BCLP

Case Flags Risk of Unclear ADR Procedure

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While main contract suites offer standard dispute resolution clauses, these are often amended in practice. A recent case gives a warning of what happens when such bespoke provisions are not clear. Originally published by...more

BCLP

Risk Mitigation in a Volatile Price Market

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The construction industry will continue to face rising material prices, volatile markets and inflation. Disputes go hand in hand with rising prices as projects become much more difficult to complete on time and within budget....more

BCLP

Can liquidated damages clauses set general cap?

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A pair of cases in the past two years have come to opposite conclusions about whether general damages can be capped by contract provisions for liquidated damages. Liquidated damages clauses are a common feature of...more

White & Case LLP

Managing construction risks in Asia-Pacific: Malaysia

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With its strategic location and significant natural resources, Malaysia is an internationally recognized investment-friendly jurisdiction with a significant construction industry. Malaysian law offers procedural safeguards...more

BCLP

The Ontario Construction Act: building on the UK prompt payment and adjudication regime

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This summer I had the pleasure of traveling to Toronto and meeting Canadian construction lawyers to discuss the introduction of a prompt payment and adjudication regime in Ontario on 1 October 2019. As Matt Malloy outlined...more

White & Case LLP

Disputes between members of a construction joint venture

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The case of Doosan Enpure Limited v Interserve Construction Limited represents a rare consideration by the English High Court of a dispute between members of a construction joint venture. The court found that Interserve was...more

BCLP

Sitol v Finegold: NEC3 adjudication time bar applied

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The idiom “all duck or no dinner“, if you’re not familiar with it, means “all or nothing“. I once worked for a partner that was quite fond of using it, particularly in the context of limitation periods and time bars: if...more

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