Knowledge Hub
This Insight takes stock of the most recent English case law and guidance on concurrent delay and analyses how the standard forms deal (or don’t deal) with the issue. Claire King and Matthew Simson consider what parties entering into English law construction contracts need to be aware of when determining how to address concurrent delay and the risks they are prepared to accept.
In Taylor Wimpey UK Limited v (1) Taylor Woodrow Construction and (2) Vinci Construction Holding Limited, the TCC has confirmed that a single defect can give rise to multiple independent claims under the Defective Premises Act 1972, highlighting the continued impact of the Building Safety Act 2022.
Huw Wilkins and Jonathan Clarke provide an overview of PAS 9980:2026, the updated code of practice for fire risk appraisals of external walls. They consider the principal changes to the framework and how the revised guidance seeks to support more proportionate, consistent and evidence-based remediation decisions.
The fraud test for injuncting a bank from paying out on an On Demand Bond sets a high hurdle. However, the case law on injuncting the beneficiary of an On Demand Bond from making a call under the main construction contract itself has arguably eased the requirements in recent years. A new High Court decision in TTSJV v BapCo Refining B.S.C. has now reconciled the differing authorities and confirms that a seriously arguable breach of the underlying contract will not suffice to obtain an injunction. As Claire King explains, it now clear that such relief is only available where the right to call is clearly precluded by the underlying contract.
The Upper Tribunal (Lands Chamber) has just issued its ruling in Roger and Suzanne Brookhouse v The Environment Agency [2026] UKUT 209 (LC), awarding Fenwick Elliott’s clients £3.3 million to reinstate their historic Grade II-listed home following damage to the grounds which was caused by increased groundwater levels arising from flood defence works.
This issue provides a guide to “smash and grab” adjudications, covering the right to payment of the notified sum, recent case law and tips to help employers and contractors avoid being on the receiving end of an adjudication.
The NEC’s new Conflict Avoidance Clauses, for use with the NEC4 ECC form, were announced earlier this year and are intended to prevent the escalation of “disagreements” into “disputes”. In this blog, Claire King reviews how they are meant to operate in the context of contracts that are already subject to statutory adjudication and examines the extent to which parties should be adding them to their dispute resolution toolkit.
In this article, Ben Smith, with contributions from Oliver Weisemann and Millie Nash, examines the judgment from Monier Road Limited v Nicholas Alexander Blomfield and Other Leaseholders and discusses the key legal implications for those operating in the construction and property sectors.
The UK Supreme Court handed down its much-anticipated judgment in the case of URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21. The appeal was heard by a full panel of 7 justices who dismissed URS’s appeal on all 4 grounds. The judgment runs to 88 pages and is a must read for anyone working in the construction sector. This article examines the judgment, discussing the key issues arising and practical implications for those likely to be affected, including developers, contractors, consultants and insurers.
Lucinda Robinson reports on the recent decision in Placefirst Construction Ltd v CAR Construction (North East) Ltd, which provides current TCC guidance on payment and pay less notices. It also serves as an example of the confusion caused when contractual payment processes are not followed properly.
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