Tort for construction lawyers

The general law of contract and the law of tort are central elements of construction law. The principles of tort examined in this subtopic therefore underpin the construction law topics that are covered in Construction and, for construction lawyers, present an additional set of considerations and risks.

A ‘tort’ is a civil wrong that occurs where someone unfairly causes another person to suffer loss or harm.

A person committing a tort is legally liable to the party injured, who is provided with a remedy in law, such as monetary damages or an injunction to compel or prevent certain conduct. An injured party who decides to pursue the matter in court is known as the claimant, and the person alleged to be responsible for the damage is the defendant or tortfeasor.

In the context of a construction project, tortious liability can arise in a number of different ways. This sub-topic examines the most common form of tort law, negligence, and breach of statutory duty. It

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Latest Construction News

ACE publishes Currie & Brown report projecting that global construction costs will rise by 2.4% in 2026

The Accelerated Capability Environment (ACE) has published a report by Currie & Brown, forecasting that global construction costs will rise by 2.4% in 2026, with UK costs expected to increase by 3.6%. The cost management and advisory services provider noted that the Autumn Budget introduced no new tax incentives for construction, while wage and tax changes have increased the pressure on the industry.

Scottish Government launches consultation on housing delivery incentives and penalties

The Scottish Government has launched a consultation seeking views on measures to accelerate the build-out of homes on sites already identified for housing development, in response to falling housing starts and completions despite a substantial pipeline of consented land. The consultation supports the Housing Emergency Action Plan and related planning commitments, and examines whether incentives, penalties or other interventions could increase delivery rates, including for small and medium-sized housebuilders, within a plan-led, infrastructure-first framework under National Planning Framework 4. It is informed by evidence that slow delivery is driven primarily by post-consent factors such as market absorption rates, viability constraints, infrastructure costs, public sector risk exposure and limited developer capacity or commitment, rather than by the planning permission process itself. Drawing on previous reviews and research by bodies including the Competition and Markets Authority and the Scottish Land Commission, the consultation outlines potential approaches such as land assembly, public sector-led development, reform of compulsory purchase and sales powers, and policy tools to influence build-out rates, and notes that any future action may require legislative change in the next parliamentary session and would be subject to appropriate impact assessment. The consultation closes on 30 April 2026.

RICS reports UK construction activity remained subdued in Q4 2025

The Royal Institution of Chartered Surveyors (RICS) has published its UK Construction Monitor for Q4 2025, reporting that construction activity remained broadly flat with overall workloads showing a headline net balance of -6%. Infrastructure emerged as the strongest performing sector with a net balance of +12%, driven by energy-related projects, while private housing activity weakened and commercial workloads remained in negative territory. The survey of 1,048 chartered surveyors identified financial constraints and planning delays as the dominant barriers to activity, with around six in ten respondents citing each factor. Forward-looking indicators showed modest improvement, with twelve-month workload expectations rising to +17% and employment expectations increasing to +14%. RICS Chief Economist Simon Rubinsohn noted ongoing challenges around planning and building safety regimes, while observing that the Planning and Infrastructure Bill is viewed as helpful for housebuilders but insufficient alone to significantly increase housing development toward the 1.5 million home target.

Construction weekly highlights—5 February 2026

This week's edition of Construction weekly highlights includes a case in which the Technology and Construction Court (TCC) refused to enforce an adjudicator’s decision where there was a dispute about the existence of an underlying construction contract (High Tech v WLP Trading), an analysis of a case in which the TCC found that an assignee was entitled to adjudicate under a construction contract (Paragon v FK Facades), an update on the progress of the Building Safety (Wales) Bill, the issue of a protocol from the Society of Construction Law (Singapore) (SCL(S)) on experts' joint statements in arbitration, an announcement from the Scottish Building Contracts Committee (SBCC) on the release of its 2024 edition contracts, and the laying of the Procurement (Amendment) Regulations 2026.