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Retention reform and the future of construction payment practices

Guest Editor Chiara Pieri of CMS Cameron McKenna Nabarro Olswang LLP looks at the proposed late payment and retentions reforms. The gap between stated ambition and legislative reality may yet prove considerable, she suggests.

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Legislation state of play table 309

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: May 2026

Our regular reports on the court decisions of most interest to construction comes from Andrew Croft, Benjamin Spannuth and Daniela Parfitt of Beale & Company Solicitors LLP who examine a judgment providing confirmation to those seeking Building Liability Orders that adjudication-based liabilities fall within the relevant statutory framework; and a decision providing a useful reminder of the importance of complying with contractual provisions relating to the issuing of payment notices and pay less notices.

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Courts construe force majeure clauses strictly

War and geopolitical instability have pushed force majeure clauses from boilerplate to board level concern, particularly for construction projects exposed to sanctions, supply chain disruption, currency controls and government action, as Ryland Ash and Michala Kucharikova of Watson Farley & Williams LLP explain.

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Construction Law Guide to: FIDIC

In our latest Construction Law Guide series Dan Warren of DLA Piper explains how international consulting engineering organisation FIDIC works, focussing on some of its most popular contract forms, the 1999 Suite’s Red, Yellow and Silver Books.

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Breaking supply chain silence

Construction risk intelligence frequently originates within the supply chain yet rarely reaches decision-making structures early enough to influence outcomes, argues Risk Management consultant Stephen Woodward. Construction governance remains misaligned with where the earliest risk signals emerge, which is within the supply chain.

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The hidden regulatory risk in stadium refurbishments

Carly Thorpe and Jonathan Coser of Walker Morris examine the impact on construction of stadiums of the licensed safe standing regulations. Implications for refurbishment and retrofit projects could be critical, they warn.

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Competence requirements under the Building Safety Act

Sophie Phillips and Aliénor Troletti of Bird & Bird warn that post-Grenfell, competence has to be built into the selection criteria from the start of every procurement process. Keeping records of competency checks is crucial, and competence has to be maintained throughout the project.

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Adjudication rights in joint venture construction contracts – the Darchem decision

Fatma Guney, Barrister (NP), Solicitor, International Construction Arbitration – Partner gleans insight from a recent High Court decision on adjudication rights of Joint Venturers in construction contracts – the Darchem decision – and the implications this may have across the board.

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Contribution between insurers

Insurance expert John D Wright of JD Risk Associates explains why a theoretically straightforward insurance law principle concerning dual insurance can produce complex legal arguments.

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