Editor’s comment
Anti-cartel enforcers warn of focus on public procurement using AI tools 
Editor Nick Barrett reports that the Competition and Markets Authority enforcement head has warned that it is using AI tools to spot evidence of collusive behaviour.

News 
Our news round up of major events affecting construction reports on government threats to seize builder’s land banks if they don’t build-out fast enough; a proposal to licence builders; and a new model proposed for privately funded infrastructure.

Legal terms explained
Himani Patel of Herbert Smith Freehills LLP explains Transferred Loss.

Guest editor
Contracts need more careful preparation to avoid conflicting provisions 
Guest Editor Dom Turner-Harriss of Watson Farley & Williams LLP laments the inadequate contract preparation that is often found to lie at the heart of construction disputes. A recent case highlights what can go wrong, and points towards ways to avoid problems from conflicting contract provisions.

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 latest round up of the court decisions of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP who examine a case that warns parties to monitor digital communications carefully and ensure that contractual negotiations are ‘subject to contract’ so that the signed contractual documents represent the agreed contractual terms; and a judgment that demonstrates the difficulties that parties face in using jurisdictional challenges to resist enforcement of adjudicator decisions.

Analysis
Infrastructure looks like a main beneficiary from change in government investment attitude
Hopes are high that a combination of pension fund reforms and revision to the Treasury’s Green Book could help unleash a new wave of infrastructure investment to be announced in the Spending Review and the Ten-Year Infrastructure Strategy, reports Nick Barrett.

CL guides
Construction Law Guide to: Time in Construction Contacts
The latest in our CL Guides series comes from Rachel Chaplin of DLA Piper LLP who explains some of the key time-related provisions relating to construction works.

Supreme Court
Voluntary Loss and Negligence: URS v BDW in the Supreme Court
Barrister Chris Bryden of 4 King’s Bench Walk looks at the landmark Supreme Court ruling that confirms the general principle that the wrongdoer should pay, regardless of whether money has been paid, or remedial works carried out in kind, without a claim having been intimated. There is no “bright line” rule of law preventing recovery of losses where claims could not be brought due to a time bar.

Arbitration
Modernising and streamlining English-seated arbitration
James Barratt, Bradley Lindsay and Iona Gilby of Vinson & Elkins examine several of the principal changes being introduced by the Arbitration Act 2025 which received Royal Assent in February. Enacting Regulations are likely be made soon, so parties should familiarise themselves with the changes, they advise.

Contracts
Has Design & Build outlived its usefulness in a post-Grenfell world?
Design & Build received implicit criticism in the Grenfell Inquiry report and the number of disputes involving them is on the rise. Barry Hembling, Dan Haley and Sam Gunnewicht of Watson, Farley & Williams LLP argue that this popular procurement route might no longer be fit for purpose.

Warranties
Does the Building Safety Act 2022 remove the value of building warranties?
Pauline Lam, Mark Fletcher and Aaron Walder of Russell-Cooke LLP ask whether the Building Safety Act is in need of reform following a First-tier Tribunal decision that could give insurers opportunities to avoid liability for remediation works under new build warranties.

Insurance
The Insurance Market – Meeting Today’s Challenges
Insurance expert John D Wright of JD Risk Associates predicts major challenges ahead for the stability business needs from the insurance market. Technological change, cyber crime and climate change are among the risks that need to be managed more rigorously than ever.

Alternative dispute resolution
No time for complacency in tech adoption
The latest in our alternative dispute resolution series comes from Tracey Summerell of Dentons UK and Middle East LLP who warns against complacency in face of the increasing use of new technologies like AI. The same standard of professionalism has to be applied to their implementation as in lawyer’s expert fields, she says.