NTC Monthly Construction Law Update May 2025

Excellence in Construction and Engineering Law. We are pleased to release the May 2025 edition of the NTC Monthly Construction Law Update, offering in-depth analysis on three key judgments shaping UK construction law and an event alert. Written by high performing construction barrister, Charles Edwards MSt(Cantab) MSc(Lond) MCIArb MRICS FCInstCES Barrister of New Temple Chambers, Barristers.

1. JCT DB 2016: Electronic vs. Paper Contract Discrepancies:
The Technology and Construction Court resolves a dispute involving conflicting contract versions in John Sisk & Son Ltd v Capital & Centric (Rose) Ltd [2025] EWHC 594 TCC, and what this means for contract drafters navigating dual formats.

2. The Supreme Court’s Landmark Ruling: Building Safety Act 2022 (BSA)
In URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21, the Supreme Court affirms retrospective liability under the BSA and significantly broadens recoverability for developers.

3. Adjudication & Insolvency: Enforcement with Safeguards by the Technology and Construction Court
In Midas Construction Ltd v Harmsworth Pension Funds Trustees Ltd [2025] EWHC 1122 (TCC), the Technology and Construction Court addresses the enforceability of adjudicators’ decisions post-insolvency and the evolving role of security for costs.

4. Upcoming Event Alert
The Chartered Institution of Civil Engineering Surveyors (CICES) Commercial Management Conference on 25 June 2025, is a great opportunity to network and explore the legal and commercial trends impacting construction, engineering and infrastructure.

📩 Feedback or ideas for our next edition? Let us know at clerks@newtemplechambers.com
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