Q&As

Q&As

These Q&As briefly address common or interesting questions on matters of construction law.

The Q&As supplement, and link to, other more detailed content within Lexis+® UK, but are intentionally short. It is anticipated that a brief Q&A will be most helpful when you need a quick overview of an issue and its likely impact. This might be the case where, for example, a lawyer needs to provide advice, or take part in business development activities or training at short notice. The Q&A content on Lexis+® UK is date stamped. This date

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Latest Construction News

CTJ publishes Technology and Construction Court 2023-24 annual report

The Courts and Tribunals Judiciary (CTJ) has published the Technology and Construction Court (TCC)’s annual report, covering the period from 1 October 2023 to 30 September 2024. The report highlights a 7.49% decrease in new claims, with the TCC maintaining a high settlement rate of 80%. Although the number of applications heard decreased by 17.2%, electronic applications processed via the CE-filing system remained high at 2,185. The TCC also saw an increase in complex IT disputes and cases related to flammable cladding and general fire protection issues following the Grenfell Tower fire and Building Safety Act 2022 (BSA 2022). There was also an increase in procurement challenges brought under the Public Contracts Regulations 2015, SI 2015/102. With the Procurement Act 2023 (PA 2023) now in force, the TCC is collaborating with procurement litigators to develop a new procedural framework. The Judge in Charge of the TCC, Mr Justice Waksman, also announced that a new edition of the TCC guide is expected to be published later this year.

FIDIC—Contractor denied recovery of third party cancellation charges on a termination for convenience as they were not reasonably incurred (Water and Sewerage Authority of Trinidad and Tobago v Waterworks)

Construction analysis: The Privy Council found that a contractor’s liabilities to pay cancellation charges to a third party equipment supplier did not fall within clause 19.6(c) of the FIDIC conditions as they were not reasonably incurred.

Construction weekly highlights—20 February 2025

This week's edition of Construction weekly highlights includes a case in which the First-Tier Tribunal (FTT) provided guidance on the ‘just and equitable’ test in relation to remediation contribution orders made under section 124 of the Building Safety Act 2022 (Grey Gr v Edgewater), an announcement from the Joint Contracts Tribunal (JCT) that the 2024 editions of several of its standard form contracts and documents will be released on 5 March 2025, publication of a National Procurement Policy Statement and the reissue of several Procurement Policy Notes ahead of the Procurement Act 2023 go-live, a case in which the Court of Session considered whether a pursuer could recover transferred loss in respect of defective wind turbines (Simmers v Green Cat), a case in which the Court of Appeal analysed the effect of a clause that excluded liability for loss of ‘anticipated profits’ (EE v Virgin Mobile), and the launch of a global survey by the Chartered Institute of Arbitrators (CIArb) on improving the effectiveness of party-appointed expert witness evidence in alternative dispute resolution.

JCT announces release schedule for 2024 editions of CM, MC, FA, Adj, PBA, and DAB contract families

The Joint Contracts Tribunal (JCT) has announced that the 2024 editions of its Construction Management (CM), Management Building (MC), Framework Agreement (FA), Adjudication Agreement (Adj), Dispute Adjudication Board (DAB), and Project Bank Account (PBA) contract families will be released on 5 March 2025.