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Construction law weekly: building safety pleading standards, Scottish cladding regulations, payment regimes, SBCC/JCT and FIDIC updates, emergency and AI arbitration, retrofit standard, judiciary AI guidance — 6 November 2025

Published on: 06 November 2025

Published by a LexisNexis Construction expert
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In this issue:

  • Building safety
  • Payment under construction contracts
  • Standard-form construction contracts
  • Arbitration
  • Construction industry news
  • Litigation
  • LexTalk®Construction: the Lexis®Nexis community
  • Daily and weekly news alerts
  • Construction trackers

Building safety

The Court of Appeal in Wilson v HB (SWA) Ltd [2025] EWCA Civ 1360 rejected an appeal on fire safety defect claims, affirming the TCC’s firm stance on striking out unparticularised and speculative heads of loss. The ruling underscores the need for rigorous pleading in construction defect disputes. It confirms no substantive distinction between damages in contract and those available under the Defective Premises Act 1972, and stresses that loss must be clearly particularised in statements of case. Parties should concentrate on recognised heads of loss such as cost of remedial works, diminution in value or any residual diminution, and provable consequential losses; claims that are conjectural, hypothetical, or nebulous should be avoided. See News Analysis: Court of Appeal endorses TCC’s robust approach to striking out unparticularised and speculative heads of loss (Wilson v HB (SWA))...

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