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If it’s not broke don’t fix it

Guest Editors Jess Burke and Jane Hughes of Bird & Bird LLP take a sceptical look at proposed government reforms to retentions. While retentions are imperfect, the government’s solutions risk creating more problems than they resolve, they argue.

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Legislation state of play table 306

This table, prepared by Alignment Media, provides a regularly amended guide to new and proposed legislation that will affect the construction industry. In addition to EU Directives and UK legislation, the table includes notes highlighting discussion papers issued by both government and non-government organisations, and commentary on the latest developments.

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Reports from the courts – Jan/Feb 2026

Our report of the most important construction law court decisions comes from Andrew Croft, Benjamin Spannuth and Daniela Parfitt of Beale & Company Solicitors LLP includes one which provides useful guidance regarding the courts’ assessments of defects under the Defective Premises Act 1972; and one which emphasises the transparency required and care that must be taken when referring an adjudication to a nominating body.

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The Employment Rights Act 2025: the effect on employers in the construction industry

Laura Oxley and Hollie Firth of Walker Morris analyse the likely effects of the Employment Rights Act 2025 that has just received Royal Assent on construction. It will significantly transform the UK employment landscape, they warn.

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Construction Law Guide to Liquidated Damages

In our latest Construction Law Guides series article Rachel Chaplin of DLA Piper LLP examines a relevant Supreme Court ruling in this explanation of how liquidated damages work.

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Review of Construction Law in 2025

This article by Ben Spannuth, Daniela Parfitt and Anna Benz of Beale & Company Solicitors LLP considers key developments in UK construction law covered in our Reports from the Courts throughout 2025. The decisions present familiar themes from previous years with rapidly developing jurisprudence under the Building Safety Act 2022 and the Defective Premises Act 1972.

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Scottish Construction Law review of 2025

Shona Frame and Helena Wilson of CMS Cameron McKenna Nabarro Olswang LLP review the main developments in construction law in Scotland during 2025. The year saw a number of significant developments, with new and amended legislation and a number of significant court rulings shaping the landscape.

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Fidic’s new Carbon Management Guide

Jane Hughes of Bird & Bird LLP examines FIDIC’s new carbon management guide and carbon management clause. The Guide sets out guiding principles for use on projects, and the flexible clause is designed to integrate easily into standard forms without significant amendment elsewhere in the contract, she notes.

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Can we codify concurrency?

Robbie Allport of Turner & Townsend Contract Services recommends incorporating defined terms and clearer procedural steps within standard forms in relation to concurrent delay. As well as removing uncertainty the need for judicial interpretation would be reduced, he argues.

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Measuring the loss

Insurance expert John D Wright of JD Risk Associates looks at how insurers view indemnity, which underpins property and liability insurance. Specialist construction insurance brokers could be consulted for advice, he advises, some of whom will also assist in the negotiation of claims.

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