Editor’s comment
Competition regulator could earn the thanks of an entire industry
The recent interim report from the Competition and Markets Authority into the civil engineering market for roads and railways highlights issues like uncertain and short-term funding, a risk-averse culture, and regulatory barriers to entry and growth as causes of poor industry performance. Editor NIck Barrett says other sectors would also benefit from any reforms.
News
Our regular news round up reports on government’s launch of a Water White Paper that represents a once-in-a-generation plan to overhaul the industry; a notice of appeal filed at the Supreme Court in the long-standing ‘whistleblowing’ controversy; and a survey showing that costs are not the biggest concern for companies in bringing claims.
Legal terms explained
Kevin Halim of Herbert Smith Freehills Kramer LLP explain what is meant by a repudiatory breach of a construction contract.
Guest editor
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.
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 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.
Analysis
The Employment Rights Act 2025: the effect on employers in the construction industry
Laura Oxley and Hollie Firth of Walker Morris analyse the likely effects of the Employment Rights Act 2025 that has just received Royal Assent on construction. It will significantly transform the UK employment landscape, they warn.
CL guides
Construction Law Guide to Liquidated Damages
In our latest Construction Law Guides series article Rachel Chaplin of DLA Piper LLP examines a relevant Supreme Court ruling in this explanation of how liquidated damages work.
Review of 2025
Review of Construction Law in 2025
This article by Ben Spannuth, Daniela Parfitt and Anna Benz of Beale & Company Solicitors LLP considers key developments in UK construction law covered in our Reports from the Courts throughout 2025. The decisions present familiar themes from previous years with rapidly developing jurisprudence under the Building Safety Act 2022 and the Defective Premises Act 1972.
Scottish Construction Law review of 2025
Shona Frame and Helena Wilson of CMS Cameron McKenna Nabarro Olswang LLP review the main developments in construction law in Scotland during 2025. The year saw a number of significant developments, with new and amended legislation and a number of significant court rulings shaping the landscape.
Carbon management
Fidic’s new Carbon Management Guide
Jane Hughes of Bird & Bird LLP examines FIDIC’s new carbon management guide and carbon management clause. The Guide sets out guiding principles for use on projects, and the flexible clause is designed to integrate easily into standard forms without significant amendment elsewhere in the contract, she notes.
Concurrent delay
Can we codify concurrency?
Robbie Allport of Turner & Townsend Contract Services recommends incorporating defined terms and clearer procedural steps within standard forms in relation to concurrent delay. As well as removing uncertainty the need for judicial interpretation would be reduced, he argues.
Insurance
Measuring the loss
Insurance expert John D Wright of JD Risk Associates explains some of the difficulties relating to insuring plant and equipment. The use of hired plant has grown significantly, but hire agreements can place onerous burdens on hirers, he warns.
Alternative dispute resolution
When is the best time to mediate in construction litigation?
In our latest ADR series article Tracey Summerell and Akin Akinbode of Dentons UK and Middle East LLP ask when is the best time to mediate?