Tort for construction lawyers

Copyright © 2025 LexisNexis

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

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Construction News

Home Office and MHCLG publish updated FSO enforcement guidance

The Home Office and the Ministry of Housing, Communities and Local Government (MHCLG) have published a supplementary guidance on enforcing the Regulatory Reform (Fire Safety) Order 2005 (FSO). The update reflects legislative changes introduced between 2021–2023 through the Fire Safety Act 2021 and section 156 of the Building Safety Act 2022. Key updates include requirements for Responsible Persons to comprehensively document fire risk assessmets and safety arrangements, furnish safety information to residents and collaborate with other Responsible Persons and Accountable Persons. Additionally, the guidance clarifies the application of FSO in multi-residential buildings, removes the the £1,000 cap on certain fines, and revises the status of Article 50 guidance for compliance purposes.

The Building Safety Levy (England) Regulations—a quick guide

Construction analysis: The government laid the draft Building Safety Levy (England) Regulations before parliament on 10 July 2025. The draft regulations, made using powers conferred by the Building Safety Act 2022, propose the introduction of a levy on certain new residential developments. The proceeds will contribute to the costs of remediating building safety defects in England. The regulations prescribe the circumstances in which liability to pay the levy arises, who is liable to pay it, and how it will be calculated. In this article, we set out the context for these regulations, and summarise their key features.

Scottish Government publishes review of building standards verification frameworks

The Scottish Government has published a review of the Building Standards Operating and Performance Frameworks for Verifiers, outlining recommended modifications designed to enhance compliance, following the Phase 2 findings of the Grenfell Tower Inquiry. The frameworks that govern how local authorities verify building standards will be updated from 1 April 2026. Key changes include the introduction of new performance measures, a stronger emphasis on the regulatory function over customer service and the implementation of workforce monitoring requirements. This review is a component of Scotland’s broader building standards system reform programme.

Scottish Government publishes next phase of cladding remediation plan

The Scottish Government's Cladding Remediation Directorate has published an action plan detailing the next phase of its remediation programme through March 2026. The plan allocates £20m for Single Building Assessment (SBA) funding and £10m for fire alarm systems in private buildings. Key measures include launching stage two of the Single Open Call, establishing remediation pathways for buildings taller than 18 metres by October 2025, and setting a deadline of 31 October 2025 for developers to sign the Developer Remediation Contract. The programme aims to ensure equal funding access for both social and private housing sectors.

View Construction by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Implied terms in construction contracts

Implied terms in construction contractsThe implication of terms into a contract is a large and complicated area of law. Sometimes, a particular term will be implied automatically into all contracts of a specific type, either by statute or by common law. In other cases, implied terms are a way of

Standard of care in construction contracts

Standard of care in construction contractsThis Practice Note considers the obligation for contractors and consultants providing services under construction contracts to exercise reasonable skill and care. It looks at the implied term under section 13 of the Supply of Goods and Services Act 1982

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
Implied terms in construction contracts

Implied terms in construction contracts

Implied terms in construction contractsThe implication of terms into a contract is a large and complicated area of law. Sometimes, a particular term will be implied automatically into all contracts of a specific type, either by statute or by common law. In other cases, implied terms are a way of

Standard of care in construction contracts

Standard of care in construction contracts

Standard of care in construction contractsThis Practice Note considers the obligation for contractors and consultants providing services under construction contracts to exercise reasonable skill and care. It looks at the implied term under section 13 of the Supply of Goods and Services Act 1982

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

Late payment penalties—inheritance tax

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid