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NEWS
Construction analysis: In this article, we look back on the key developments in construction law that emerged in the later months of 2025, and look ahead to what may come in 2026.
PRACTICE NOTES
This is an introductory guide to construction law. It is aimed at trainee solicitors and others who are new to construction as a practice area. The guide focuses on the basic principles that apply to construction law and projects. It includes numerous links to other Lexis+® UK Construction material which provides more comprehensive information on the topics covered. Those who are new to construction law are likely to also find the Overviews in each of the topics in Lexis Construction+® UK useful. Where something is not covered by this basic guide, return to the Construction+® UK homepage to browse further content, or use LexisAsk to ask the team a question. For those involved in disputes work, see also Practice Note: Construction disputes—new starter guide. Topics covered • What do construction lawyers do? • Parties involved in a construction project • Structure of a construction project (procurement) • Pricing • Timeline of a construction project • Is there any special legislation? • Building contracts • Consultant appointments • What are collateral warranties and third party rights? • Are there
NEWS
Construction analysis: In this article, we review some of the key developments in construction law that have so far emerged in 2024, and look ahead to what might come later in the year.
PRACTICE NOTES
This Practice Note provides an explanation of construction management, the advantages and disadvantages of this type of procurement and the roles of the parties. The most popular procurement methods in the UK construction industry at present are the traditional or the design and build routes (see Practice Notes: Traditional procurement of construction contracts and Design and build procurement). Management procurement is currently less popular, although this was not always the case. During the late 1980s and early 1990s management procurement was favoured for many of the large commercial developments built at that time. It is possible that the pendulum will swing that way again in the future. The two most common variants of management procurement are management contracting and construction management (see also Practice Note Management contracting). What is construction management? In construction management the client appoints a team of consultants to design the project in the usual way. As part of its professional team, the client will also appoint a construction manager to advise on construction issues and to manage and coordinate the construction process. Unlike
GLOSSARY
A method of construction procurement under which the employer enters into separate contracts with each specialist trade contractor and appoints a construction manager (under a construction management contract) to manage the trade contractors and the project as a whole.
GLOSSARY
A masterplan which covers the construction period of a facility, which may be multi-phased and include all areas required for the laydown of construction materials, spoil handling and staff requirements.
PRECEDENTS
IN THE [HIGH COURT OF JUSTICE] [Chancery Division] [Business and Property Courts of England and Wales] [Property, Trusts and Probate List] [X] Claimant and [X] [X] (a
PRECEDENTS
IN THE [HIGH COURT OF JUSTICE] [Chancery Division] [Business and Property Courts of England and Wales] [Property, Trusts and Probate List] Before [name] Date [insert date of Order] [In the Estate of [name] deceased] [X] Claimant and [X] [X] (a
PRACTICE NOTES
This Practice Note sets out certain key cases and associated relevant content in relation to construction of finance documents. The cases are divided by topic area and include: • Cases on the principles of contractual construction • Examples of court construction of finance documents Cases on the principles of contractual construction Names of parties Judgment date Case summary Relevant content Investors Compensation Scheme v West Bromwich Building Society [1998] 1 All ER 98 19 June 1997 The leading House of Lords judgment setting out the key principles applicable to any exercise involving the construction of contracts. The judgment of Lord Hoffmann contains five principles of construction of contracts which have been cited in most of the leading cases on contract construction. See Practice Note: Contract interpretation—the guiding principles Chartbrook Homes Ltd v Persimmon Homes Ltd [2009] 4 All ER 677 1 July 2009 Although the courts did not readily accept that linguistic mistakes were made in formal contracts, where the background and context drove the court to conclude that something
NEWS
Private Client analysis: The High Court considered whether a substitutionary gift of residue to ‘the daughter of Lily Mason’ was void for uncertainty where the deceased’s cousin had two daughters. Applying the modern approach to will construction in Marley v Rawlings [2015] AC 129 and admitting extrinsic evidence under section 21 of the Administration of Justice Act 1982, the court held that the deceased intended both daughters to benefit equally. The judgment treats the singular reference to ‘daughter’ as a mistake or ‘slip in expression’, rejecting an argument that the gift failed for uncertainty and resulted in partial intestacy. The decision illustrates the court’s willingness to adopt a contextual and purposive approach to testamentary construction where the evidence supports an identifiable class intention.
GLOSSARY
A defined term from the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) which is required to enable adjudication.