Contract law for construction lawyers

The law of contract and the law of tort are central elements of construction law. This sub-topic brings together key guidance in relation to contract law, focusing on the basic principles and also identifying content that is considered to be of importance to construction lawyers. It looks at the formation of contracts—which may be written, oral, partly oral and partly written, or implied entirely from the conduct of the parties, and considers how the courts interpret contracts. It also looks at topics surrounding variation,

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Latest Construction News

Singapore Court of Appeal—Singapore award partially set aside for breach of natural justice (Wan Sern Metal v Hua Tian Engineering)

Arbitration analysis: The Singapore Court of Appeal partially allowed the appeal by Wan Sern Metal Industries Pte Ltd (the appellant) against an arbitral award in favour of Hua Tian Engineering Pte Ltd (the respondent) and partially set aside the award. The arbitration was conducted on an expedited, documents-only basis. The respondent introduced a claim for ‘expectation damages’ in its written submissions which was not part of the parties' agreed list of issues. The appellant opposed the claim in reply submissions. The arbitrator granted this claim inter alia on the basis that the appellant did not object to or address the respondent's measure of damages. unpleaded, the arbitrator oversimplified the appellant's case and therefore ascribed an incorrect position to the appellant, resulting in an award made in breach of natural justice. Written by Yu-Jin Tay, Kay-Jannes Wegner and Charles Tay of Mayer Brown PK Wong & Nair Pte Ltd.

DBT updates guidance on payment practices and performance reporting requirements

The Department for Business and Trade (DBT) has updated its guidance on statutory payment practices and performance reporting requirements for companies and limited liability partnerships, adding new reporting requirements for businesses with reporting periods that started in January 2025 and specific reporting changes for businesses with qualifying construction contracts, which came into effect on 1 March 2025. The guidance also reflects upcoming regulatory changes, including changes to the thresholds for defining medium-sized companies, effective from April 2025.

Construction weekly highlights—6 March 2025

This week's edition of Construction weekly highlights includes a case in which the Technology and Construction Court (TCC) made the first building liability order under the Building Safety Act 2022 (381 Southwark Park Road v Click St Andrews), a case in which the TCC refused to grant orders for information in connection with building liability orders (BDW Trading v Ardmore Construction), commentary on the Ministry of Housing, Communities and Local Government (MHCLG)’s response to the Grenfell Tower Inquiry Phase 2 report, release of the latest contracts in the Joint Contracts Tribunal (JCT)’s 2024 suite, an examination of the impact that the Arbitration Act 2025 (AA 2025) will have on emergency arbitrator provisions, a case in which the Commercial Court upheld a seller’s ability to claim in debt for the price of unpaid goods despite a retention of title provision in the contract of sale (CE Energy v Bashar), and publication by the Construction Industry Council (CIC) of the ‘Competence Framework for Sustainability in the Built Environment’.

Building liability orders and information orders—vital guidance from the TCC (BDW Trading v Ardmore Construction)

Construction analysis: The Technology and Construction Court (TCC) refused an application to grant orders for information in connection with building liability orders (BLOs), sought under section 132 of the Building Safety Act 2022 (BSA 2022). It found that three of the four respondents were not entities against whom information orders could be made. As for the remaining respondent, it did not appear to the court that that entity was subject to a 'relevant liability', within the meaning of BSA 2022, s 130. This appears to be the first case in which the court has considered an application for an information order, and provides abundant practical guidance on the scope of BSA 2022, s 132.