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Better risk decisions by using clean language?

The construction industry must modernise the gathering of project risk information, say barrister Rudi Klein, Principal of KleinLegal, and Risk Management Consultant Stephen Woodward. Better outcomes depend on radically changing how risk-elicitation questions are asked and responses are collected and examined, they argue.

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Alliancing demands behavioural change

Building on an article from last year examining whether the Design and Build model remains fit for purpose, Dan Haley and Daniel Grondin of Watson Farley & Williams LLP have teamed up with Kate Kennedy of Laing O’Rourke to consider alliancing forms contracts and their potential benefits to major construction and infrastructure projects.

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Bit barns and the battle for the grid

Jake Owen of Vinson & Elkins LLP reports that the pace of investment in data centres and related digital infrastructure is throwing up legal and procurement challenges that have contributed to growth of an approvals backlog. Old force majeure clauses need to be closely scrutinised.

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Limitless or limited: liability caps in construction contracts

Linzi Hedalen and Alysha McMillan of Dentons UK and Middle East LLP analyse the use of liability caps in contracts which a one-size-fits-all approach no longer suits. The challenges and arguments appear limitless, they warn.

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The Employer’s Responsibilities

Insurance expert John D Wright of JD Risk Associates highlights that the responsibilities and risks facing Employers shouldn’t be underestimated. Gaps in the Employer’s protection can easily arise, he warns.

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When in-person hearings trump remote

In our latest Alternative Dispute Resolution series article Tracey Summerell and Akin Akinbode of Dentons UK and Middle East LLP argue that sometimes in-person hearings can lead to better and more cost effective outcomes.

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Legal terms explained: Design life

In construction contracts, structures and components can sometimes be described as having a “design life” of a specified number of years. The term often appears in technical specifications – for example, a requirement to construct a roof with a design life of 30 years.

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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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