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Construction weekly briefing: ‘subject to contract’ ruling, Responsible Actors Scheme amendments, CPRC minutes and CJC AI consultation, expedited planning appeals, environmental/CCUS updates, ICC statistics, ONS output—19 February 2026

Published on: 19 February 2026

Published by a LexisNexis Construction expert
Legal News
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In this issue:

  • Contract law
  • Building safety
  • Litigation
  • CJC launches consultation on AI use in court document preparation
  • Arbitration
  • Planning
  • Environmental issues
  • Construction industry news
  • Daily and weekly news alerts
  • New and updated content
  • Construction trackers

Contract law ‘Subject to contract’—means exactly that! (Baltimore Wharf v Ballymore Properties)

Construction analysis: The TCC refused summary judgment applications, concluding that once parties negotiate on a ‘subject to contract’ basis, that caveat persists unless there is express agreement by all to lift it, or such agreement must inevitably be inferred. The court emphasised that simply agreeing terms within a document labelled ‘subject to contract’ does not of itself create a binding contract. The dispute stemmed from the collapse of a nursery roof at Baltimore Wharf, with losses put at over £2m. Settlement discussions conducted ‘subject to contract’ ended with the claimant’s solicitor stating on 24 September 2024 that ‘the Settlement Agreement with WSP’s amends is agreed’. Nonetheless, the final form remained endorsed ‘Subject to contract and without prejudice save as to costs’, and nothing in the email trail evidenced any intention to abandon that unequivocal condition...

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