Construction Law: July 2026

Editor’s comment
MoD lacks expertise and capacity needed for Defence Housing Strategy, NAO says
Editor Nick Barrett looks at yet another public sector procurement bashing from the public spending watchdogs at the National Audit Office. The mess is being sorted, partly because of help available from within government itself.

News 
Our regular round up of news events finds the NAO still finding new grounds for criticising the HS2 project; the Planning Inspectorate claiming a step change in its ability to support the planning system; and a government report challenging the claimed financial benefits of Heathrow expansion.

Legal terms explained 
Seena Collins of Herbert Smith Freehills Kramer LLP explains the slip rule.

Guest editor
ADR can only be as good as its practitioners
Guest Editor Karen Gough of 39 Essex Chambers reports on her participation in London International Disputes Week, a global ‘must attend’ alternative dispute resolution event, now in its seventh year. The RICS also deserves recognition for its 50 year contribution to dispute resolution, she says, having recently launched its Arbitration Week.

Legislation state of play table
Our regular update on the progress of regulations and legislation affecting construction and procurement compiled by Alignment Media.

Reports from the courts
Our regular reports on the court decisions of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Parfitt of Beale & Company Solicitors LLP who analyse a decision which emphasises that careful drafting is required to ensure a smooth transition from pre-construction agreements to a building contract with relevant rights and liabilities transferred; and one that is the first to provide guidance on the doctrine of frustration in the context of building safety.

Analysis
Why the SCL Delay Protocol needs a Third Edition
The SCL Delay and Disruption Protocol has served the industry well for over two decades, but the pace of change in construction demands a more agile and forward-looking approach, says Gareth Morris-Hale of FenwayXn. Time for a Third Edition?

CL guides
CL Guide to CDM Regulation
Our latest Construction Law Guides series article comes from Jodie Montagnon of DLA Piper who explains the requirements of the Construction (Design and Management) Regulations 2015.

Contract Management
Best practice under the Contract Management Playbook
Jade Divers and Cirklen Yu of Trowers & Hamlins LLP argue that the approach to contract management in the Procurement Act 2023 is misconceived. The new Contract Management Playbook published by the Cabinet Office however provides useful guidance for public and private sector organisations when considering how to manage their contract portfolio.

Warranties
Be wary of contractual adjudication rights in collateral warranties and ancillary documents
Marianne Morrison of Kier Places and Ben Couldrey of Beale & Company Solicitors LLP examine the risks of contractual adjudication provisions in collateral warranty and other ancillary documents. Proceed with caution, they warn.

Adjudication
Pay now, argue later – but what if the payee has no money?
Hannah Mitchell of Turner & Townsend Contract Services examines a divergence in approach that has arisen between English and Northern Ireland courts over considering the merits of underlying disputes when deciding on adjudication enforcements.

Contracts
Risk of being caught out by JCT contract transition
Phil Caton of Aaron & Partners advises using the extra time granted for transition to JCT 2024 wisely, to prepare for the change rather than use it as an excuse for delay. The delay option risks more complexity and cost further down the line.

Insurance
Not exactly what it says on the tin
Insurance expert John D Wright of JD Risk Associates opens the lid to look inside the insurance policy tin. He finds that insurance policies are complex documents demanding much more interpretation than a message on a tin.

Alternative dispute resolution
Protecting legal advice privilege when using external lawyers?
Sarah Alexander of Dentons UK and Middle East LLP examines a recent decision that has clarified the rule on legal advice privilege. Client/in-house lawyer teams reviewing new issues that might crystallise into disputes should implement some precautionary steps when planning to instruct external lawyers, she advises.

Do payment and retentions reforms do what they say on the tin?

Guest Editor Dan Warren of DLA Piper LLP analyses the impact of government reforms of payment practices and retentions, asking if if they will achieve the desired outcomes. Look out for loopholes, especially with retentions, he advises.

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Legislation state of play table 312

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: August/Sept 2026

Our latest reports of the court decisions of most significance to construction comes from Andrew Croft, Ben Spannuth, Daniela Miklova and Ben Boulter of Beale & Company Solicitors LLP who report on a case highlighting that cladding product manufacturers and suppliers may face significant contribution exposure going forward; and another reaffirming the court’s robust approach to adjudication enforcement.

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When retention becomes payable

Anjali Shrivastava of Michael Gerard Solicitors cautions that practical completion (PC) is not the end of the contract story. Under the JCT Minor Works Building Contract with contractor’s design 2016, for example, PC is not the point at which the whole of retention automatically becomes payable.

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Construction Law Guide to: the Building Regulations part 2a Dutyholders’ Requirements

Our latest CL Guides to construction law series article comes from Sofia Sportelli of DLA Piper LLP who explains the responsibilities of Building Regulations Dutyholders.

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The 2026 ICC Arbitration Rules and Construction Disputes

Leading arbitral jurisdictions are introducing reforms to promote simplicity and efficiency. Vijay Bange and Gordon Chan of Irwin Mitchell LLP explain some of the positive impacts likely to result, but also highlight some potential pitfalls as the reforms are introduced to construction.

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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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