Design Liability: when choice of law really matters

Owen Newman and Justin Li of Duane Morris examine the difference that choice of law can make when designs turn out to be defective or deficient and exposure starts to cascade. Comparison between the United States and the UK which start from different premises, is instructive.

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Adjudication – when the pay now argue later principle fails to deliver the goods

Barrister Karen Gough of 39 Essex Chambers asks why some people are not being paid despite succeeding in adjudications. For contractors seeking payment the system works well – but it can be a different story when an Employer tries to recoup overpayments.

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Contracts on the Clock

Contract management and procurement specialist Carolle Vallee of VaLex Consulting warns that traditional contracts were never designed for programmes where design, procurement and construction happen simultaneously, as they do on hyperscale data centres. Contractual models might be evolving, but can that happen fast enough?

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The Contractor’s Design Risk

Insurance expert John D Wright of JD Risk Associates examines Contractor’s Design Risk policies. Contractors can be exposed to design claims even when not parties to some contracts, he warns.

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ADR’s place in the case management toolkit confirmed

Tracey Summerell of Dentons UK and Middle East LLP finds strong support for ADR in the new edition of the TCC Guide.

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Legal terms explained: Civil Liability (Contribution) Act 1978

The Civil Liability (Contribution) Act 1978 (Contribution Act) confers a statutory right to recover contribution from any other person who is liable in respect of the same damage.

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Appeal court rules against HS2 tunnel extension

The extension of an HS2 rail tunnel did not have the correct planning permission, the Court of Appeal has ruled. HS2 has already constructed the 5.8km long Bromford Tunnel between Water Orton in Warwickshire and Washwood Heath in Birmingham.

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NHS investment focus switches to long term

The government has published a 10 Year Capital Plan for the health service that promises patients faster access to care, more GP appointments, modern NHS facilities and more services closer to home.

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Government Procurement review ordered

Cabinet Office Minister Chris Ward has ordered a “comprehensive review” of government procurement practices. He said he has been left in no doubt that the UK’s procurement budget is not “punching its weight”.

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News in Brief: August/September 2026

What is thought to be the first geotechnical sub-alliance of its kind in the UK has been launched to deliver specialist geotechnical works for Sizewell C. Balfour Beatty Ground Engineering (BBGE), VSL Systems (UK) Ltd (VSL), and Bachy Soletanche (BSL) have united to deliver a range of specialist ground engineering solutions required for the construction of the 3.2GW nuclear power station on the Suffolk coast.

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