Add Row

Add Element

update

BuildingConstructionTrade |a CapidHouser.com Media Site

update

Add Element

Home
Categories
Scaffolding
Skip Hire Waste Removal
Home Extensions
Building Protective Coatings
Garden Rooms
Driveways
Building & construction marketing
featured business profiles
Structural Engineering Architecture And Design
Materials
commercial construction

June 03.2025

2 Minutes Read

How a Landmark Ruling Could Unclog the Courts for Builders

Landmark urban building symbolizing landmark ruling unclog the courts

A Landmark Decision for the Construction Industry

The recent ruling in BDW Trading Limited v Ardmore Construction Limited offers much-needed clarity for the construction industry, particularly as it contends with lingering issues stemming from the Grenfell Tower tragedy. With its roots in building safety practices, this judgment heralds a new era in dispute resolution, ensuring that age-old claims, some nearly two decades old, can now be revitalized through adjudication.

Relief for Homeowners and Contractors Alike

In a significant development, the court decided that BDW could bring forth a stale contractual claim regarding safety breaches in the construction of the Crown Heights apartment complex in Basingstoke. The judge's ruling underscores that parties involved in construction contracts can pursue claims even after traditional contractual limitations have expired. This is a boon for both builders and consumers.

Why It Matters to You

This decision is particularly important for homeowners concerned about the quality and safety of their residences. If you're living in a building that was constructed under questionable safety practices or materials, this ruling provides a pathway to seek redress. Likewise, construction firms can now address claims that threaten to overwhelm the court system more effectively, promoting a culture of accountability and transparency.

Looking Ahead: The Future of Construction Law

As echoed by Mark Pritchard, a partner at Howard Kennedy representing BDW, the ruling is aligned with public policy goals to relieve the strain on the judicial system. As the government persistently seeks alternative dispute resolutions, stakeholders in the construction field must stay informed about their rights to ensure they are not caught unaware.

Understanding Adjudication's Role

One of the core aspects of this decision is its context within the growing support for adjudication—a faster and more cost-effective means of resolving disputes in the construction industry. Adjudication allows parties to receive a judgment more quickly than traditional court processes, providing a valuable resource for those looking to navigate this complex landscape.

This landmark ruling not only alleviates immediate concerns but also sets the stage for enhanced industry standards, encouraging builders to prioritize safety and compliance. As you embark on your construction projects, consider consulting legal experts who can assist in navigating these new developments.

Building & Construction Law

82 Views

0 Comments

Write A Comment

Related Posts All Posts

02.18.2026

What Contractors Should Know About Hinkley Point C Trials

Update Trial Dates Confirmed for Hinkley Point C Charges The Hinkley Point C nuclear power station project in Somerset is under scrutiny as trial dates have been set for serious safety offences involving key contractors. The Office for Nuclear Regulation (ONR) has initiated prosecutions against NNB Generation Company (HPC), Bouygues Travaux Publics, and Laing O’Rourke Delivery after incidents resulting in workplace fatalities and injuries. Background on the Charges The first major trial is slated for January 17, 2028, focusing on the tragic incident in November 2022, where site worker Jason Waring lost his life due to alleged negligence. The three companies face accusations of not adequately planning, managing, or monitoring safety practices, breaching multiple regulations under the Construction (Design and Management) Regulations of 2015. Despite pleading not guilty, this case highlights the ongoing challenges in upholding health and safety standards within the construction industry. Implications of Legal Proceedings Legal proceedings such as these underscore the critical importance of health and safety in construction, particularly in high-stakes projects like Hinkley Point C. Regulatory bodies like the ONR are stepping up to ensure accountability, marking a substantial shift towards stricter oversight in the industry. These trials could set precedents affecting how contractors nationwide approach workplace safety and health regulations. Another Trial on the Horizon A separate case involving Laing O'Rourke Delivery and Bouygues Travaux Publics will be heard on October 13, 2027. This prosecution stems from an incident in August 2022, where employee Paul Dunne suffered serious injuries from falling construction materials. Both firms again pleaded not guilty, which raises questions around compliance and risk management in construction practices. Relevance to Construction Professionals For construction companies, understanding the implications of these trials can be crucial. They serve as a reminder of the legal responsibilities tied to health and safety regulations. Companies aiming to mitigate risks should prioritize comprehensive safety training, ensure thorough risk assessments, and adopt a proactive stance towards compliance with construction and architecture law. This case should alert all stakeholders to the legal and reputational risks of inadequate safety measures. Moving Forward: Legal Insights for the Industry In the realm of construction and architecture, learning from such legal instances is key. It emphasizes the importance of engaging knowledgeable construction law solicitors who can navigate complex legal frameworks. Understanding construction law can help prevent disputes, maintain compliance, and protect both workers and leadership in the face of potential challenges. As trial dates approach, the industry watches closely to learn from every development in these proceedings. While the trials signal tough times for the implicated companies, they also open opportunities for other businesses to reflect on their practices and enhance compliance within the legal frameworks governing construction activities.

01.26.2026

Understanding 'Relevant Defect' Under the Building Safety Act 2022: What You Need to Know

Update Understanding the Concept of a 'Relevant Defect' The recent ruling concerning the Building Safety Act 2022 has sparked critical discussions in the construction industry, particularly regarding what constitutes a 'relevant defect.' This term, as outlined under Section 120 of the Act, indicates any defect in a building that leads to a safety risk, such as fire spread or structural failure. The First Tier Tribunal's decision regarding the Canary Riverside estate clarifies that even minimal risks to safety can define a relevant defect. This departure from traditional interpretations—where only significant risks would qualify—places an obligation on property owners and developers to reevaluate their construction practices in light of current knowledge and standards. Implications of the Tribunal Decision In an era when safety regulations are tightening, the tribunal's ruling emphasizes that compliance with historical building regulations isn't sufficient. The focus is now directed towards whether specific defects pose risks based on today's understanding of safety protocols. This finding has broad implications for building construction and renovation projects across London and beyond, requiring stakeholders to adopt a more proactive stance in risk management. Each building undergoing scrutiny is now being assessed not just for existing compliance but for the inherent risks its design may present, underscoring the importance of rigorous construction practices. Building Safety: A Collective Responsibility As building safety becomes a central theme in urban development, various parties, including homeowners, tenants, and construction firms, must engage in open dialogues about safety standards. This collaborative effort is essential not only for protecting lives but also for minimizing legal disputes over liability in scenarios involving remediation orders. The tribunal decision also serves as a reminder that legal interpretations continue to evolve. Stakeholders must remain informed about these developments to mitigate risks effectively. A failure to do so may expose companies to potential remediation costs and legal challenges. Next Steps for Construction and Property Professionals With these developments in mind, all parties involved in building projects, especially construction managers and legal advisors, are urged to reassess their proactive measures. This includes ensuring compliance with the latest regulations and understanding the remediation processes for any identified relevant defects. As we navigate this changing legal landscape in the realm of Construction Law, it becomes vital to have a competent construction lawyer on hand to address disputes with contractors and navigate complex contractual obligations effectively.

01.16.2026

Supreme Court Ruling on Late Payments: A Game-Changer for Construction Law

Update Understanding the Supreme Court Ruling on Late Payments In a landmark decision, the Supreme Court has sided with a late-paying client, Hexagon Housing Association, in a contentious legal dispute with Providence Building Services, a contractor that walked off a site due to frustrations over delayed payments. This ruling underscores a critical lesson for all parties in a construction contract: being the victim of a late payment does not automatically entitle a contractor to terminate the agreement. Key Elements of the Dispute The case revolved around a JCT (Joint Contracts Tribunal) Design and Build Contract, where Providence alleged that Hexagon's delay in payments warranted an immediate contract termination. After 21 instances of late payments, with notable occurrences in December 2022 and May 2023, Providence issued a termination notice. While Providence defended its actions by asserting the contract allowed termination after two late payments, Hexagon contended that the first overdue payment was settled within the contractually amended 28 days. Legal Intricacies and Outcomes The Technology and Construction Court initially ruled in favor of Hexagon, prompting Providence to appeal. The Supreme Court's final judgment on January 15, 2026, confirmed that termination rights are not solely based on late payments but must adhere to the contractual framework outlined in clause 8.9.4. The judges emphasized that permitting a contractor to terminate simply because late payments occurred—even just one day late—would be an extreme measure, and pointed out that serious delays should be more definitive in their consequences. Implications for Construction Professionals This ruling serves as a crucial reminder for contractors and clients alike within the construction industry. The clarity on how late payments are treated within contracts could help avoid similar disputes in the future. As construction professionals review their contracts, an understanding of these legal principles will be paramount in navigating contractual agreements effectively. Advice on Navigating Construction Contractual Issues In light of the decision, it may be beneficial for both contractors and clients to seek legal counsel to ensure that payment terms are clear and adequately safeguard their interests. Engaging a construction lawyer can aid in negotiating contracts and effectively managing disputes.

How a Landmark Ruling Could Unclog the Courts for Builders

A Landmark Decision for the Construction Industry

Relief for Homeowners and Contractors Alike

Why It Matters to You

Looking Ahead: The Future of Construction Law

Understanding Adjudication's Role

Terms of Service

Privacy Policy

Core Modal Title