Our collective thoughts

Posted July 9, 2025 | Published in Dispute resolution

A new tool in town? The NEC Conflict Avoidance Option [1]

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.

Can the First-tier Tribunal go on a frolic of its own? [3]

For anyone litigating claims in the FTT, the recent decision of the Upper Tribunal in the appeal of Monier Road Limited v Alexander Blomfield and Other Leaseholders [2025] UKUT 157 (LC) is required reading. It clearly sets out the limits on the FTT’s power to raise new points during proceedings and confirms that FTT proceedings in England and Wales are adversarial, and not inquisitorial.

In this article, Ben Smith, with contributions from Oliver Weisemann and Millie Nash, examines the judgment and discusses the key legal implications for those operating in the construction and property sectors.

The Supreme Court Judgment ‘URS Corporation Ltd v BDW Trading Ltd’ – a landmark decision for the construction industry [5]

The UK Supreme Court yesterday 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.

In this article, Ben Smith, Huw Wilkins and Paul Smylie examine the judgment and discuss the key issues arising and practical implications for those likely to be affected, including developers, contractors, consultants and insurers.

Practising Proper Payment Processes: Payment and Pay Less Notices [6]

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.

Building Liability Orders: What do we know now that the first one has been made? [8]

BLOs represent a significant change from the usual principle that a company is solely responsible for its liabilities and allow the Court to hold associated companies accountable for building safety failings, following the “polluter pays” principle. As the body of caselaw under the Building Safety Act 2022 begins to develop, the Court has now made the first BLO and provided important guidance.

Building Safety: navigating the legal and regulatory landscape [10]

Following the Grenfell Tower fire in 2017 and the three-year anniversary of the BSA, building safety has been at the forefront of a significant number of conversations in and around the construction industry. The building safety environment is constantly evolving, via secondary legislation, developing policies, and a growing body of caselaw and judicial comment.

2024 Construction Adjudication in the United Kingdom Report [11]

At the Adjudication Society Conference in Manchester on 20 November 2024, King’s College London unveiled the third and final report of its research project on construction adjudication, conducted in collaboration with The Adjudication Society. In this blog, Katherine Butler takes a closer look at the report's findings, exploring recent adjudication statistics, referral trends, and the addressing the issue of diversity among adjudicators.