Construction Law

Real Estate:UK (RE:UK) has issued its reply to the Ministry of Housing, Communities and Local Government (MHCLG) consultation concerning classification of higher-risk building work......

In this issue: Building safety Arbitration Adjudication Planning for construction lawyers Environmental issues Procurement in construction Construction industry news Daily and weekly news alerts New and updated content Construction trackers Building safety BCIP publishes report proposing an overhaul of England’s building control regime. The BCIP has issued a report urging sweeping reforms to England’s building control system, ending dutyholders’ ability to choose their regulator, consolidating statutory building control bodies, strengthening enforcement powers, introducing compulsory inspection standards, revising fees and funding, and deploying a national digital building control platform. Chaired by Dame Judith Hackitt and set up following the Grenfell Tower Inquiry, the BCIP concluded that the current public–private mix cannot reliably deliver independent, conflict‑free oversight of building work. The proposals are wide-ranging and aimed at systemic reform. See: LNB News 21/05/2026 28. MHCLG publishes Grenfell Tower...

The Scottish Government has issued an update on progress regarding implementation of Grenfell Tower Inquiry Phase 2 recommendations......

This Practice Note explores the scope and application of declarations pursuant to CPR 8 within the context of adjudication proceedings. It addresses the different points at which such relief might be pursued—prior to commencement of an adjudication, whilst one is ongoing, and following delivery of an adjudication decision. For general guidance on Part 8 claims, refer to Practice Note: CPR Part 8 claims (alternative procedure for claims). Why are Part 8 proceedings used? In relation to adjudication proceedings, declarations under CPR Part 8 are typically sought to: obtain clarification before or during the adjudication—eg to resolve a potential breach of natural justice or a jurisdictional challenge; secure final determination on a point, the effect of which is to trump the adjudication decision (see, for example, Leeds City Council v Waco) The latter route is considerably more prevalent because it is usually not possible to stave off...

For earlier years, see the Construction case law tracker—2024; Construction law case tracker (2021–2023, with cases in reverse chronological order); 2020; 2019; 2018; 2017; 2016; and 2015 archives. Public procurement decisions appear in the UK public procurement case tracker and the EU public procurement case tracker. Key forthcoming appeals are listed in the Construction horizon scanner. Judgment date 19 December 2025 Case The H.D. Lee Company Inc v Luis Eduardo Caicedo S.A. (Lec S.A.) Topic Arbitration News Recovery of arbitration costs from defaulting parties—the recent ruling of the Colombian Supreme Court Summary The Supreme Court of Justice of Colombia recognised a partial arbitral award issued by an ICC tribunal seated in New York. The award required the respondent to repay US$125,000 to the claimant, who had advanced the portion of arbitration costs the respondent failed to fund. The court held that the duty to pay advances on arbitral costs is...

Payments and price under the NEC Engineering and Construction Contract (ECC) This Practice Note examines how payments are made and how the contract sum is worked out under the NEC Engineering and Construction Contract (ECC). It sets out how each principal pricing option operates, how the price for the works is determined and how the risk of rising costs is allocated between the parties. For broader information on payment in construction contracts, see Practice Notes: Interim payments in construction contracts, Interim payments in construction contracts and The final account in construction and engineering contracts. This Practice Note addresses both NEC3 and NEC4 editions of the ECC. For consistency, the term ‘Client’ is used throughout this Practice Note, as that is the expression adopted for the developer/employer in NEC4 contracts (the NEC3 ECC uses the term ‘Employer’). The term ‘Scope’ is also used...

Payment notice Reference: [ insert appropriate reference to the contract and project ] Date: [ insert date ] To: [ insert recipient’s name ] Payment due date: [ insert the relevant due date of the payment, determined in accordance with the contract ] Date of [ sub- ] contractor’s payment application: [ insert date of payment application (if relevant) ] Payment application reference: [ insert reference number (if relevant) ] This notice is issued under section 110A of the Housing Grants, Construction and Regeneration Act 1996 and clause(s) [ insert number ] of the contract dated [ insert date ]. Outlined below is the amount that [ we OR [ insert identity of payer if appropriate ] ] assess to be, or to have been, due on the payment due date, together with the reasoning used to arrive at that...

And in accordance with the [ insert [ ‘Scheme for Construction Contracts 1998’ OR relevant adjudication procedure chosen by the parties ] ] Between: [ Name of party 1 ] (the Referring Party) and [ Name of party 2 ] (the Responding Party) Introduction By virtue of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), together with [ [ ‘the Scheme for Construction Contracts (England and Wales) Regulations 1998’ (‘the Scheme for Construction Contracts 1998’)’ OR the alternative adjudication procedure selected by the parties ] ], this document concerns the dispute set out below. The Parties and Addresses for Service The Referring Party is [ Full Name of Party 1 ] (‘[ Abbreviated Name of Party 1 ]’) of [ address ]. The Referring Party is [ set out brief description of the work it undertakes, including the relevant type of work for the...

Agreement in relation to [ insert brief details of the works/project ] at [ insert address of works ] (Including, inter alia, the JCT Standard Building Sub-Contract with sub-contractor’s design Agreement 2016 (SBCSub/D/A 2016) and the JCT Standard Building Sub-Contract with sub-contractor’s design Conditions 2016 (SBCSub/D/C 2016), as varied and augmented in the manner specified in this Agreement and in the Schedules appended.) This Agreement is dated the [ insert number ] day of [ insert month ] 20[ insert year ]. Parties [ insert name of the Contractor ] (company registration number [ insert number ]), whose registered office is at [ insert address of the Contractor ] (‘the Contractor’); [ insert name of the Sub-Contractor ] (company registration number [ insert number ]), whose registered office is at [ insert address of the Sub-Contractor ] (‘the...

Regulation 12(6) of the Building Regulations 2010 (the 2010 Regulations), SI 2010/2214 (SI 2010/2214, reg 12(6)) Regulation 12(6) removes the need for a building notice or full plans where the works are solely those in Schedule 3 (by the corresponding registrant) or in Schedule 4. Schedule 3 includes door replacements: 10: Replacement of a window, rooflight, roof window or door in an existing dwelling—by BM Trada Certification Limited; CERTASS Limited; Certsure LLP; Fensa Limited (Fenestration Self-Assessment Scheme); NAPIT Registration Limited; Network VEKA Limited; or Stroma Certification Limited. 11: The same in a non-dwelling—excluding load-bearing or structural glass, glazed curtain walling and revolving doors—by BM Trada Certification Limited; CERTASS Limited; Certsure LLP; Fensa Limited (Fenestration Self-Assessment Scheme); or Stroma Certification Limited. Schedule 4, paragraph 1(h) covers replacing an external door where the door plus frame has not more than 50% of its internal face area...

We have taken it that, because communal areas are mentioned, the property in question is a block of flats. For the first two years after completion of the initial sale of a new-build property, defects cover is supplied, under National House Building Council (NHBC) Buildmark, by the builder, who is responsible for putting right any faults that arise in the property and that then fall within the scope of the policy......

Retention Retention describes the portion of interim payments the employer withholds as security for the contractor’s future performance of its duties and to encourage the contractor to discharge those duties in full and properly. For further details, consult the Practice Note: Retention of payment in construction contracts. When retention is to be released to the contractor depends on the particular contract terms for the project. Typically, half of the retained sum is paid out at practical completion, with the balance thereafter following completion of any remedial works for defects reported within the defects liability period. Consequently, if these milestones are reached before the final certificate is issued, the contractor may have a right to seek payment of some or all of the retention......