I N S I G H T S
Focused commentary on UK construction risk
Legalbuild’s insights examine the legal decisions, market developments and commercial conditions that shape entitlement, recovery and dispute readiness across live UK construction projects.
Heatwaves are now a construction delivery risk, not a weather inconvenience
Heatwaves increase the pressure on site records, productivity evidence, programme decisions and adjudication readiness.
When adjudication becomes the gateway to group liability
Building Liability Orders are increasing the pressure on building-safety records, design responsibility and adjudication readiness.
Construction products reform will increase the burden of proof behind specification
Proposed reforms to construction products regulation could increase pressure on contractors to verify, record and evidence the products they specify, procure and install.
Loss and expense recovery depends on notice discipline before valuation begins
Loss and expense recovery depends on more than factual delay; contractors must preserve entitlement through clear notices, substantiation and compliance with the contractual machinery.
When assignment carries the dispute with it
Contractual rights may be assigned long after delivery, but the project record remains the contractor’s first line of defence
Delay recovery depends on the contractual route, not just the delay event
DBS v Tata shows why delay recovery can turn on procedural compliance, especially where the contract makes notice or reporting steps a condition of entitlement.
Gateway approvals are now programme risk events
Gateway approvals are now programme-risk events, making regulatory sequencing, approval evidence and delay responsibility critical issues for contractors on higher-risk building projects.
Public-sector construction risk after the Procurement Act
The Procurement Act changes the public-sector procurement environment, requiring contractors to treat tender compliance, contract terms and delivery risk as connected commercial issues.
Serial adjudications turn on how the dispute is framed
Sudlows v Global Switch shows why serial adjudications require careful dispute framing, because later referrals must respect what has already been decided.
Settlement agreements can vary the dispute route
Settlement agreements can alter the dispute route, making it essential that contractors understand whether later agreements preserve, vary or replace adjudication rights.
Construction product reform will increase the value of specification evidence
Construction product reform is likely to make specification, approval and substitution records more commercially important where product compliance later becomes disputed.
Defects and payment disputes must be separated with precision
Lidl v 3CL reinforces that defects and payment issues must be separated with precision, because adjudication scope, valuation evidence and payment sequencing can materially affect recovery strategy.
If retentions are banned, payment risk will move - not disappear
If retentions are removed, contractors should expect payment risk to shift into new forms of contractual leverage.
Final account adjudications require procedural control
Final account adjudications require procedural control, because referral timing, conclusivity provisions and dispute framing can decide whether recovery is advanced or obstructed.
Collateral warranties are not a shortcut to adjudication
Abbey v Simply Construct reinforces that collateral warranties can carry real dispute consequences, making warranty wording, timing and adjudication rights important long after completion.
Why payment notice discipline still decides recovery risk
Recent authority reinforces that payment machinery failures can still shape leverage, cashflow and adjudication posture.
Variation claims still need a clear contractual route
Variation claims weaken where the contractual route is unclear; contractors need evidence of instruction, scope of change, valuation and approval before recovery is tested.
Multiple adjudications need a coherent final account strategy
Multiple adjudications may be legitimate, but final account strategy still requires coherence, sequencing and discipline to avoid procedural challenge and commercial fragmentation.
Set-off after adjudication needs careful sequencing
Set-off after adjudication is not automatic; parties need careful sequencing where competing adjudication decisions, enforcement and payment obligations overlap.
Target cost contracting makes records part of the bargain
Under target cost contracting, cost records are not administration; they are central to recovery.