Construction analysis: King’s College London (KCL) third report on construction adjudication in the UK, titled ‘2024 Construction Adjudication in the United Kingdom: Tracing trends and guiding reform’ ( Adjudication Report), confirms that adjudication continues to be a popular method of resolving disputes in the construction industry. In this article, Joseph Hale and Jennifer Fitzmaurice, partner and professional support lawyer at Eversheds Sutherland, consider the report and what the future might hold for statutory adjudication in the UK.

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note links to the Construction case tracker, which sets out key judgments in construction related disputes

ARCHIVED: This Practice Note has been archived and is not maintained. This year’s annual round-up reviews some of the most significant developments of 2017 and previews what is on the horizon for 2018. This includes new standard form construction contracts published in 2017, case law on design, delay, payment and adjudication, and anticipated changes to building regulations and fire safety laws. Also included are updates on LexisNexis®’s content, including news of exciting developments from the past year and what is coming up in the next 12 months. Reviewing 2017 Standard form construction contracts What happened? The new NEC4 contracts were published on 22 June 2017, and the new FIDIC 2017 contracts (Red, Yellow and Silver Books) were launched on 5 December 2017 (and published shortly after). What are the practical implications? The new NEC4 contracts replace the NEC3 contracts, which had been published in 2005 (and updated in 2013). The NEC described NEC4 as building on NEC3 in a way which was an ‘evolution not revolution’, and most of the changes

ARCHIVED: This Practice Note has been archived and is not maintained. The Construction law case tracker is a list of key judgments from 2021, 2022 and 2023 considered relevant to construction lawyers, with cases listed in reverse chronological order. For previous years, see the Construction law case tracker, 2020, 2019, 2018, 2017, 2016 and 2015 archives. Public procurement cases are listed in the UK public procurement case tracker and the EU public procurement case tracker. Key upcoming appeal cases are listed in the Construction horizon scanner (Appeal cases). Judgment date Case Topic News Analysis/further reading Summary 19 December 2024 381 Southwark Park Road RTM Company Limited v Click St Andrews Limited [2024] EWHC 3569 (TCC) Building safety News Analysis: First-ever building liability order and information orders awarded under Building Safety Act 2022 (381 Southwark Park Road v Click) The Technology and Construction Court (TCC) made the first (and to date, only) judgment awarding a BLO under section 130 of the Building Safety Act 2022 (BSA 2022), along with the first Information Orders, under

For previous years, see the Construction case law tracker―2024 [Archived], Construction law case tracker (2021–2023, with cases listed in reverse chronological order), 2020, 2019, 2018, 2017, 2016 and 2015 archives. Public procurement cases are listed in the UK public procurement case tracker and the EU public procurement case tracker. Key upcoming appeal cases are listed in the Construction horizon scanner. Judgment date Case Topic News Analysis/further reading Summary 19 December 2025 The H.D. Lee Company Inc v Luis Eduardo Caicedo S.A. (Lec S.A.) Arbitration Enforcement of arbitration costs against non-paying parties—the Colombian Supreme Court’s recent ruling The Supreme Court of Justice of Colombia ruled on the recognition of a partial arbitral award rendered by an ICC tribunal seated in New York. The award ordered the respondent to reimburse US$125,000 to the claimant, who had advanced the portion of arbitral costs that the respondent failed to pay. The court held that the obligation to pay advances on arbitral costs is contractual in nature and may therefore be enforced through a partial award, rather than being

For previous years, see the Construction case law tracker―2025, Construction case law tracker―2024 [Archived], Construction law case tracker (2021–2023, with cases listed in reverse chronological order), 2020, 2019, 2018, 2017, 2016 and 2015 archives. Public procurement cases are listed in the UK public procurement case tracker and the EU public procurement case tracker. Key upcoming appeal cases are listed in the Construction horizon scanner. Judgment date Case Topic News Analysis/further reading Summary 25 August 2026 Entexol Ltd v Sked Construction Ltd [2026] CSOH 80 Adjudication News Analysis: Adjudication enforcement—rejecting completion date and finding time at large not a breach of natural justice (Entexol v Sked) The Outer House of the Court of Session enforced an adjudicator’s award of £113,767 in favour of the pursuer, Entexol. Lord Lake rejected the defender (Sked Construction)’s contention that the adjudicator had breached the rules of natural justice by concluding that ‘time was at large’, although neither party had advanced that case. Properly analysed, that conclusion merely followed from the adjudicator’s rejection of Sked’s asserted contractual completion date, an issue

The Construction case tracker is a list of key judgments from 2021 and 2022 considered relevant to construction lawyers, with cases listed in reverse chronological order. For previous years, see the 2020, 2019, 2018, 2017, 2016 and 2015 archives. Public procurement cases are listed in the UK public procurement case tracker and the EU public procurement case tracker. Key upcoming appeal cases are listed in the Construction horizon scanner (Appeal cases). Judgment date Case Topic News Analysis Summary 18 Feb 2022 Struthers v Davies (trading as ‘Alastair Davies Building’) and another [2022] EWHC 333 DefectsTerminationContract law Homeowners succeed in defects claim against contractor (Struthers v Davies) The TCC found that the defendant building contractor was in repudiatory breach of contract, and awarded the claimant homeowners damages for defective works and losses consequent on termination. The court rejected the defendant’s arguments that the claimants’ attempt to terminate the contract was unlawful, and that certain remedial works carried out by the claimants had been unnecessary. 17 Feb 2022 The Scottish Ministers v Scot Roads Partnership

ARCHIVED: This Practice Note has been archived and is not maintained. The Construction case tracker is a list of key judgments from 2015 (1 June 2015 onwards) considered relevant to construction lawyers, with cases listed in reverse chronological order. See also: • Construction law case tracker • Construction case tracker—2020 [Archived] • Construction case tracker—2019 [Archived] • Construction case tracker—2018 [Archived] • Construction case tracker—2017 [Archived] • Construction case tracker—2016 [Archived] Public procurement cases are listed in the: UK public procurement case tracker and the EU public procurement case tracker. December 2015 Case Judgment date Summary Fulton Shipping Inc of Panama v Globalia Business Travel SAU (formerly Travelplan SAU) of Spain [2015] EWCA Civ 1299 21 December 2015 Repudiation/damages: The Court of Appeal, allowed an appeal regarding the measure of damages to be assessed following the ship charterers' repudiatory breach of contract. The court held that if a claimant adopted by way of mitigation, a measure which arose out of the consequences of the breach and was in the ordinary course of business and such measure

ARCHIVED: This Practice Note has been archived and is not maintained. The Construction case tracker is a list of key judgments from 2016 considered relevant to construction lawyers, with cases listed in reverse chronological order. See also: • Construction law case tracker • Construction case tracker—2020 [Archived] • Construction case tracker—2019 [Archived] • Construction case tracker—2018 [Archived] • Construction case tracker—2017 [Archived] • Construction case tracker—2015 [Archived] Public procurement cases are listed in the: UK public procurement case tracker and the EU public procurement case tracker. December 2016 Case Judgment date Summary SSE Generation Limited v Hochtief Solutions AG [2016] CSOH 177 21 December 2016 Defects: The Scottish Court of Session, Outer House held that, under Option M of a NEC2 contract, the contractor was only liable for defects where it had failed to use reasonable skill and care to comply with the works information. However, under the terms of the contract, it should have carried out the remedial works and sought payment after liability had been determined. The court also concluded that the cost of

ARCHIVED: This Practice Note has been archived and is not maintained. The Construction case tracker is a list of key judgments from 2017 considered relevant to construction lawyers, with cases listed in reverse chronological order. See also: • Construction case tracker • Construction case tracker—2020 [Archived] • Construction case tracker—2019 [Archived] • Construction case tracker—2018 [Archived] • Construction case tracker—2016 [Archived] • Construction case tracker—2015 [Archived] Public procurement cases are listed in the: UK public procurement case tracker and the EU public procurement case tracker. December 2017 Case Judgment date Summary Ziggurat (Claremont Place) LLP v HCC International Insurance Company plc [2017] EWHC 3286 (TCC) 20 December 2017 Bonds/insolvency: In Part 8 proceedings, the TCC made declarations concerning the liability of the defendant surety to the claimant employer under the terms of a performance bond based on the ABI Model Form. The court held that the contractor’s insolvency was enough to trigger the bond (due to a bespoke amendment), and that in any event the contractor had been in breach of the construction contract (which incorporated

ARCHIVED: This Practice Note has been archived and is not maintained. The Construction case tracker is a list of key judgments from 2018 considered relevant to construction lawyers, with cases listed in reverse chronological order. See also: • Construction law case tracker • Construction case tracker—2020 [Archived] • Construction case tracker—2019 [Archived] • Construction case tracker—2017 [Archived] • Construction case tracker—2016 [Archived] • Construction case tracker—2015 [Archived] Public procurement cases are listed in the: UK public procurement case tracker and the EU public procurement case tracker. Key upcoming appeal cases are listed in the Construction horizon scanner (Appeal cases). December 2018 Case Judgment date Summary Skymist v Grandlane [2018] EWHC 3504 (TCC) 19 December 2018 Adjudication: The TCC dismissed a jurisdictional challenge to an adjudicator’s decision, which alleged that the adjudicator had been appointed by the wrong nominating body, or alternatively that the referring party had ‘approbated and reprobated’ in respect of the underlying contract and its nomination provision. See News Analysis: Jurisdictional challenge alleging wrong adjudicator nominating body fails (Skymist v Grandlane). Sitol

ARCHIVED: This Practice Note has been archived and is not maintained. The Construction case tracker is a list of key judgments from 2019 considered relevant to construction lawyers, with cases listed in reverse chronological order. See also: • Construction law case tracker • Construction case tracker—2020 [Archived] • Construction case tracker—2018 [Archived] • Construction case tracker—2017 [Archived] • Construction case tracker—2016 [Archived] • Construction case tracker—2015 [Archived] Public procurement cases are listed in the: UK public procurement case tracker and the EU public procurement case tracker. Key upcoming appeal cases are listed in the Construction horizon scanner (Appeal cases). December 2019 Judgment date Case Topic News Analysis Summary 27 Dec 2019 Babcock Marine v HS Barrier Coatings Limited [2019] CSOH 110 Adjudication Scottish court declines to enforce adjudication decision due to undisclosed assistance of QS (Babcock Marine v HS Barrier Coatings) The Scottish Court of Session, Outer House refused to enforce an adjudication decision in circumstances where the adjudicator had failed to inform the parties that he had engaged the assistance