The Week That Was - 19 December 2025

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

TCC awards summary judgment that expert determination is not binding

On 11 December 2025, the Technology and Construction Court awarded summary judgment in GSY Hospitality Limited v Gladstone Court Developments Limited [2025] EWHC 3231 (TCC).  GSY had sought summary judgment for its claim for a declaration that part of an expert determination was not binding because it was made in manifest error and/or error of law.

The expert determination, made in July 2020, related to a development contract for a luxury hotel and how certain costs were to be apportioned between the parties.  The expert determination contained an error of law by failing to consider "No Oral Modification" clauses in the relevant agreements and the Supreme Court decision in MWB Business Exchange v Rock Advertising Ltd 2018] UKSC 24 when determining that a variation to cap the defendant Gladstone Court Development Ltd's contribution at £800,000 was valid.

The TCC, citing the Court of Appeal in Premier Telecommunications Group Ltd v Webb [2014] EWCA Civ 994, held that the error of law meant the expert had departed materially from his instructions such that the expert's decision on the apportionment issue was not binding, even if the decision could be justified on a different basis.  Where such a material departure from instructions occurred, the Court was not concerned with the effect of the departure on the outcome.

Read the full judgment here.

RIBA president will not renew registration with Architects Registration Board

The president of the Royal Institute of British Architects, Chris Williamson, has announced that he will not renew his registration as an architect with the Architects Registration Board for 2026.  He stated that decision is intended to highlight the 'absurdity' of the current regulatory system, which restricts who can use the title of architect but does not provide for oversight of the competence of those carrying out architectural services or activities, such that anyone could carry out the work of an architect as long as they do not use the title.

Read the full article here.

BSR inquiry report criticises 'unacceptable' delays

The House of Lords Industry and Regulators Committee criticises “unacceptable” delays at the Building Safety Regulator (BSR), with gateway two cases taking up to nine months against a 12‑week target. It urges the government to fund and train more inspectors, use multi‑disciplinary teams for similar projects, clarify compliance guidance, and streamline or exempt minor high‑rise works. The report also flags gaps in product standards and an ageing inspector workforce.

The BSR has responded to point out that it has set up an Innovation Unit, batching and account managers and also points out that, in the 12 weeks to 24 November, construction proceeded on over 11,000 new homes with a 73% approval rate. Further, a Remediation Enforcement Unit will launch in the new year.

Read the full article here.

Jurisdictional challenges fail meaning adjudicator's decision enforced (TCC)

In Murnells London Ltd v Beale [2025] EWHC 2651 (TCC), the court granted summary judgment enforcing an adjudicator’s £365,000 decision. It rejected all of the defendant's grounds opposing enforcement.  The court would not entertain arguments not advanced to the adjudicator; the defendant’s contention that Murnells London Ltd was not the contracting party had only "fanciful prospects" and the dispute had sufficiently crystallised before the notice of adjudication (contrary to the defendant’s narrow approach).

Considering the “pay now, argue later” principle, the court emphasised that adjudication is a fast‑track process and that only limited jurisdictional exceptions are permitted at the enforcement stage where objections were not properly raised during the adjudication. As the judge observed, adjudication is a “fast track process on policy grounds and only limited exceptions are to be permitted. If this results in temporary rough justice, then that is to be anticipated”.

Read the full judgment here and article here.

Apprenticeship drop looms in Scotland as Scotland and Northern Ireland Plumbing Employers' Federation (SNIPEF) warns of funding gap

Apprenticeship numbers in Scotland’s plumbing and heating sector are set to decline, with SNIPEF finding 33% of employers do not expect to recruit apprentices in next three years. Funding constraints are the main barrier: 67% cite limited support, 65% high wage costs and 47% supervision expenses.

More than three‑quarters rate Scottish Government support as poor or inadequate, while 93% say increased funding is the most important change to make recruitment viable.

In contrast, in England, a £725m reforms packages has been introduced, which amongst other things has added 50,000 apprenticeship places and allowed reallocation of levy receipts to frontline training. Scottish firms cannot access unused levy funds, lack spend transparency, and college contributions have been frozen for nearly a decade. Although 80%+ back the four‑year model and two‑thirds still employ apprentices, cost pressures persist. SNIPEF warns of skills shortages affecting decarbonisation and public safety and calls for equal cost‑sharing between government and employers and levy reform.

Read the full article here.

Torus appoints 13 contractors to £224m housing and retrofit framework

Torus has appointed 13 contractors to a £224m, four-year framework running to October 2029 to support housing development and retrofit ambitions across the Northwest. Three lots have been awarded: lot 2 (development works up to £15m), lot 3 (development works over £15m) and lot 4 (development focused on social return above the Public Contracts Regulations threshold). Lot 1 (retrofit works) was advertised but not included in the award notice.

The framework, managed by Torus62, aims to help deliver 9,000 new homes by 2029 and will support both traditional and modern methods of construction. Procured via an open procedure, it is open to SMEs but excludes voluntary or community sector organisations.  Successful firms include Eric Wright, Seddon, Caddick, Vistry Merseyside (Countryside), P Casey Co and Watson Construction.

Read the full article here.

With thanks to Kasia Gidens, Holly Bentley, Bodene Robertson

Disclaimer: The information in this publication is for guidance purposes only and does not constitute legal advice.  We attempt to ensure that the content is current as at the date of publication, but we do not guarantee that it remains up to date.  You should seek legal or other professional advice before acting or relying on any of the content.