Decisions of the Technology and Construction Court of the English and Wales High Court for June 2025.
Construction Law, July 2025
Editor’s comment
End promised to northern neglect
The north has for long complained that it is largely ignored when it comes to government funding and infrastructure investment. Could those days be over thanks to newly announced reforms, asks Editor Nick Barrett.
News
Our regular news round up reports on the Stewart review of major project delivery; consultation opening on procurement reforms; and a competition regulator inquiry into the roads and railways construction sector.
Legal terms explained
Mukuma Kawesha of Herbert Smith Freehills Kramer LLP explains how emergency arbitration relates to bond calls.
Guest editor
New NEC acquisition to improve project delivery?
Guest Editor Professor David Mosey, King’s College London Centre of Construction Law, welcomes an unprecedented collaboration between competing publishers of standard forms – fittingly for contracts designed to promote collaboration.
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
In our regular look at the court decisions of most interest to construction, Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP examine a case that reinforces the fact that losses claimed must be adequately pleaded and have legal merit; and one that highlights the uncertainty surrounding determining building height under the High Risk Building classification.
Analysis
Government promises more joined up approach to infrastructure investment
A raft of recent initiatives look like they represent a serious attempt to confront challenges to adequate and efficient infrastructure investment and delivery that have bedevilled the UK for many years, Nick Barrett reports.
CL guides
Construction Law Guide to: Price and Payment
The latest in our CL Guides series comes from Clare Rushton of DLA Piper LLP who explains how contracts deal with the the essential matters of price and payment.
Building safety
Supreme Court clarifies building safety liability issues
Stephanie Geesink, Counsel, and Dom Turner-Harriss of Watson Farley & Williams LLP analyse the landmark ruling from the Supreme Court that clarifies significant issues regarding liability for building safety defects. The decision highlights the potential liability that can arise many years after project completion.
“From Shed to Shard”: Why the BSA applies more broadly than you think
“From Shed to Shard” – that was the message delivered by the Building Safety Regulator (BSR) at the BSR Conference in March 2023, to emphasise the wide reach of the Building Safety Act. Lauren Bennett, Senior Associate at Gateley Legal looks at what that means in practice – whether you are working on the Shard or a ‘shed’.
Payments
The Construction Act payment regime: what about the VAT?
Matthew Thorne and Caroline Ziebart of 4 Pump Court examine a court decision with important implications for the industry’s payment regime. They argue that it creates a situation not required by the Construction Act and that it should be reversed.
Projects
Steering complex hospital builds to completion
Andrew Drennan of Alvarez & Marsal Disputes’ London office and Haris Katostaras of Alvarez & Marsal Disputes and Investigations in Athens, share their experiences of what causes such a high incidence of delays and disputes on hospital projects. Key strategies to mitigate the problems are suggested.
Insurance
Pros and Cons in Employer’s Liability Insurance
Insurance expert John D Wright of JD Risk Associates reviews the development of employer’s liability insurance over the past century. Despite efforts to minimise the dangers of injuries at work, the incidence of claims continues to rise, especially in construction.
Alternative dispute resolution
Approaches to choosing a dispute resolution forum
In our latest ADR series article Tracey Summerell and George Harris-Rowe of Dentons UK and Middle East LLP report from a recent disputes conference in London.