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Reports from the courts: Aug/Sept 2025

Our regular round up of the court cases of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP who examine a  decision  that shows the TCC’s commercial approach to interpreting payment applications rather than entertaining overly complicated interpretations of the Scheme; and one showing that the courts will look to uphold good faith obligations; parties will need to show that a breach is causative of an alleged loss.

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Remoteness of damages in construction disputes 

Barry Hembling, Caroline Rossmann and William Stewart of Watson, Farley & Williams LLP examine a long running dispute that has already been before the Supreme Court. This latest TCC judgment provides useful guidance about the law on remoteness of damages and how these principles are applied in construction law claims.

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Construction Law Guide to: Adjudication

Our latest Construction Law Guide series article comes from Jenny Harrison of DLA Piper LLP who examines Adjudication. 

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AI in Construction Dispute Resolution 

Chiara Pieri and Keith Robertson of CMS Cameron McKenna Nabarro Olswang LLP analyse the opportunities, risks, and guidance of using Artificial Intelligence (“AI”) when resolving disputes in construction. Despite the valuable contribution of AI, human oversight is still needed, they argue.

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Reducing the carbon footprint of international arbitrations  

Fatma Guney, of Hamish Lal Partners, London, seeks to point to the elephant in the room and explore the concept of ‘Greener Arbitration’. Has arbitration strayed too far off a suitably green path, she asks. 

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Reforming the Building Safety Regulator: A new dawn?  

Alex Jones of Walker Morris examines why the House of Lords is undertaking a formal inquiry into the effectiveness of the Building Safety Regulator regime, which is widely agreed to need significant overhauled. Hold ups to high rise housing projects in particular need to be overcome.

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‘Dwelling’ further on the Defective Premises Act 1972 

Nicholas Zeolla of Atkin Chambers analyses what is meant by a “dwelling” under the Defective Premises Act. Premises that are predominantly commercial or industrial are not dwellings, he suggests.

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The design liability minefield 

Insurance expert John D Wright of JD Risk Associates explains why design liability cover is such a minefield for insurers. The problems are mainly of their own making however, due to poor policy drafting, he argues.

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Easing the procedural challenge of resolving safety disputes

Our latest ADR series article comes from Tracey Summerell and Akin Akinbode of Dentons UK and Middle East LLP who report that court procedure for Building Safety Act related claims is creating quandaries for parties and judges.

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Legal terms explained: Price adjustment clauses

A price adjustment clause, also known as a “fluctuation” or “rise and fall” clause, is a contractual provision that allows the contract sum to be adjusted to reflect fluctuations in materials, labour, goods and other costs during the project.

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