Reports from the courts: March 2026

Our report of the most important construction law court decisions comes from Andrew Croft, Benjamin Spannuth and Daniela Parfitt of Beale & Company Solicitors LLP who examine an Upper Tribunal ruling that will have significant implications for building safety claims; and one that provides helpful guidance regarding the transfer of rights under an assignment.

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Commitment made to modernise railways in Wales

The government has made what it describes as a generational commitment to modernise Welsh railways with a pipeline of 43 projects that it says will deliver £6.3 billion in economic benefits and support 12,000 jobs.

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Delayed schemes now being brought forward

Some good news on the industry forecasts front comes from Gardiner & Theobald whose latest Tender Price Inflation Report sees tender price inflation expectations edging higher but with early signs that delayed schemes might be being progressed.

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Construction Law Guide to: Professional Appointments

In our latest CL Guide Lina O’Gorman of DLA Piper UK LLP discusses the key provisions of an appointment and looks at some of the various forms of appointment available for use, contrasting the key areas of risk allocation under some of the most commonly used standard forms against a typical bespoke appointment.

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Better risk decisions by using clean language?

The construction industry must modernise the gathering of project risk information, say barrister Rudi Klein, Principal of KleinLegal, and Risk Management Consultant Stephen Woodward. Better outcomes depend on radically changing how risk-elicitation questions are asked and responses are collected and examined, they argue.

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Alliancing demands behavioural change

Building on an article from last year examining whether the Design and Build model remains fit for purpose, Dan Haley and Daniel Grondin of Watson Farley & Williams LLP have teamed up with Kate Kennedy of Laing O’Rourke to consider alliancing forms contracts and their potential benefits to major construction and infrastructure projects.

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Bit barns and the battle for the grid

Jake Owen of Vinson & Elkins LLP reports that the pace of investment in data centres and related digital infrastructure is throwing up legal and procurement challenges that have contributed to growth of an approvals backlog. Old force majeure clauses need to be closely scrutinised.

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Limitless or limited: liability caps in construction contracts

Linzi Hedalen and Alysha McMillan of Dentons UK and Middle East LLP analyse the use of liability caps in contracts which a one-size-fits-all approach no longer suits. The challenges and arguments appear limitless, they warn.

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The Employer’s Responsibilities

Insurance expert John D Wright of JD Risk Associates highlights that the responsibilities and risks facing Employers shouldn’t be underestimated. Gaps in the Employer’s protection can easily arise, he warns.

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When in-person hearings trump remote

In our latest Alternative Dispute Resolution series article Tracey Summerell and Akin Akinbode of Dentons UK and Middle East LLP argue that sometimes in-person hearings can lead to better and more cost effective outcomes.

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