Reports from the courts: June 2026

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 examine a decision that highlights the Court’s approach to interpreting complex contracts by giving effect to the entirety of the agreement negotiated by the parties; and one where the Court of Appeal warned against overly technical challenges to payment notices and payless notices.

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CIS reform 2026: a reallocation of risk across the construction supply chain

Joshua Clough of Walker Morris LLP looks at the Construction Industry Scheme which he finds is increasingly being used as a regulatory control tool. The risks have never been higher, he warns.

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Construction Law Guide to: Contract administration

In our latest Construction Law Guide series Lynn Auchterlonie of DLA Piper LLP explains the challenges facing the contract administrator, considering the responsibilities and duties of this key role.

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Risk would remain after retentions removal

Alexander Creswick, Megan Parry and Caroline Rossmann of Watson Farley & Williams LLP take a sceptical look at the proposed banning of retention in construction contracts. They perform a useful commercial function and other measures could address the core concerns, they argue.

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Home safe: Why building safety obligations don’t end when the construction work does

Building safety obligations don’t just end when a building is finished - for residential buildings over 18m or seven storeys, a new and demanding phase begins once the building is occupied. Part 4 of the Building Safety Act 2022 introduces a range of ongoing obligations, which Ruth Armstrong and Dawn Reynolds of Gateley Legal explore, explaining why a smooth transition from Gateway 3 to occupation can make all the difference to compliance.

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The duty to warn in construction contracts: a practical roadmap

Will Dudgeon of Turner & Townsend Contract Services examines the often tricky doctrine of the duty to warn. The first question to be addressed is whether such a duty even exists.

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The skilled labour shortage is a legal problem, not only a recruitment issue

Owen Newman and Chris Chasin of Duane Morris LLP warn that the skilled labour shortage isn’t only a recruitment problem, it has potential legal implications as well. And the crisis is not going away, so make sure your legal team is up to speed.

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Be prepared – business continuity plans

Insurance expert John D Wright of JD Risk Associates turns his attention to the need for comprehensive business continuity plans. Major interruptions along the supply chain have to be considered as well, he warns.

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Can ADR help manage risk in volatile markets?

In our latest ADR series article Tracey Summerell and Akin Akinbode of Dentons UK and Middle East LLP argue that timely use of ADR techniques can work collaborative magic in stressful times.

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Legal terms explained: Pre-Construction Services Agreement

A pre-construction services agreement (PCSA) is an agreement entered into between a developer and a contractor in the context of two-stage contracting.

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