The adjudicator

Construction weekly highlights—20 November 2025

This week's edition of Construction weekly highlights includes draft regulations to establish the Building Safety Regulator, amendments to the Construction Product Regulations 2013, the Ministry of Housing, Communities and Local Government (MHCLG)’s consultation on reforming local authority building control charges, harmonised carbon assessment standards from the Royal Institution of Chartered Surveyors (RICS) and the Institution of Civil Engineers (ICE), a Technology and Construction Court (TCC) decision on procurement suspension costs (International SOS Assistance v Secretary of State for Defence), a Court of Appeal decision considering the knowledge element of waiver by election in commercial contracts (URE Energy Ltd v Notting Hill Genesis), the Welsh Government’s guidance on the fees for submitting Significant Infrastructure Project (SIP) applications, Department for Energy Security and Net Zero (DESNZ)’s revised National Policy Statements for energy infrastructure, the Joint Contracts Tribunal (JCT’s) Povey Lecture on human-centred AI and co-design in building design, the Office for National Statistics (ONS)’s construction output for Q3 2025, and a TCC decision on arbitration time limits (Northfield Property v Dykes).

The knowledge element of waiver by election in commercial contracts (URE Energy Ltd v Notting Hill Genesis)

Commercial analysis: The doctrine of waiver by election holds that, in a situation where a person is entitled to alternative rights inconsistent with one another and, with the knowledge of the relevant facts, acts in a manner which is consistent only with his having chosen one of those rights, the law holds him to his communicated choice. Election generally requires knowledge of the facts giving rise to the choice. In Peyman v Lanjani, the Court of Appeal held that it also requires knowledge of the legal right being waived. In URE Energy Ltd v Notting Hill Genesis, the Court of Appeal considered the important question of what knowledge is necessary where the right arises under the express terms of a signed contract. Is the waiving party deemed to have knowledge of those terms (so that actual knowledge of them does not have to be expressly proved)? Written by Seb Oram, barrister at International Construction Chambers.

JCT hosts 2025 Povey Lecture on human-centred AI and co-design in building design

The Joint Contracts Tribunal (JCT) has hosted its annual Povey Lecture, Director of Decarbonisation and Innovation in Building Structures, Diego Padilla-Philipps, delivered a presentation titled ‘Human-Centred, Evidence-Based, Augmented Intelligence in Building Design.’ Padilla-Philipps outlined how artificial intelligence (AI), integrated within a human-centred framework, can transform the building industry by optimising early-stage design, enhancing creativity, developing innovative materials, and improving sustainability.

Commission imposes definitive safeguard measures on certain ferroalloy imports

The European Commission has imposed definitive safeguard measures on imports of certain ferroalloys into the EU, following a December 2024 investigation that found a surge in these imports had caused serious injury to the EU ferroalloy industry. The measures consist of country-specific tariff rate quotas for each type of ferroalloy, capping the volume eligible to enter the EU duty-free. Imports above these quotas may still enter duty-free if their price exceeds the established threshold. Although the safeguards apply to all third countries, including Norway and Iceland—both EEA members—they have been designed to minimise disruption to the integrated European value chain. The Commission will hold trimonthly consultations with Norway and Iceland and closely monitor the impact of the measures. These measures will remain in force for a period of three years, expiring on 17 November 2028.