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

Higher-risk buildings—new regulations for Wales (The Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025)

Construction analysis: The Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025, SI 2025 No 1321 (the Regulations) bring into force the detailed procedural regime governing the design, construction and completion of higher-risk buildings in Wales. The Regulations give procedural effect in Wales to the higher risk buildings (HRB) regime created under Part 3 of the Building Safety Act 2022 (BSA 2022), as adapted for the Welsh building control system. This article summarises what the Regulations introduce in practical terms, including the mandatory gateway approval process, enhanced information and declaration requirements, controls on design and construction changes, and prohibitions on starting work or occupying an HRB without regulatory approval. It focuses on how the Welsh Regulations operate, on whom obligations are imposed, when they apply, and the legal consequences of non-compliance, with reference where relevant to the equivalent regime in England.

Post-hearing delay and the Public Policy Threshold in Arbitration (Lancor Holdings Ltd v Prem Kumar Menon)

Arbitration analysis: In Lancor Holdings Ltd v Prem Kumar Menon, the Supreme Court of India held that while mere delay in rendering an arbitral award is not an independent ground for setting it aside under Section 34 of the Arbitration and Conciliation Act, 1996, an inordinate and unexplained delay that materially affects the reasoning or renders the award unworkable may vitiate it on grounds of patent illegality or conflict with public policy. The court found that a nearly four-year post-hearing delay, coupled with contradictory reasoning and loss of adjudicatory coherence, defeated the fundamental objectives of arbitration - finality, fairness, and efficiency. Invoking its powers under Article 142 of the Constitution of India to avoid remanding a 16-year-old dispute to fresh arbitration, the court upheld the validity of the sale deeds executed by the developer but directed forfeiture of ₹10 crore in favour of the landowners as a condition for the developer reclaiming its contractual share. The ruling underscores that procedural legitimacy and timeliness are integral to arbitral justice, refining public policy review as limited safeguard against systemic arbitral failure rather than a vehicle for merits reappraisal. Practical implications written by Prasanth Raju of Chambers of Prasanth Raju.

Commentary—international arbitration experts discuss the use of an AI arbitrator for construction arbitrations

Mealey’s International Arbitration Report recently asked industry experts and leaders for their thoughts on the American Arbitration Association’s International Centre for Dispute Resolution (AAA-ICDR) announcement of the launch of an AI arbitrator for use in construction arbitration.

Amendments to UKSC and JCPC Practice Directions

Practice Directions for the UK Supreme Court (UKSC) and the Judicial Committee of the Privy Council (JCPC) were amended on 22 December 2025. The principal change reflects routine online publication of Statements of Facts and Issues and Written Cases. These documents no longer need to include counsel’s signature; a printed name is sufficient, and signature wording has been removed from the relevant Practice Direction paragraphs and the Electronic Bundle guidance.