The Week That Was - 21 November 2025

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

Supreme Court held that Condition precedent is not deemed fulfilled by party's own breach

In King Crude Carriers SA v Ridgebury November LLC, the Supreme Court confirmed that English law recognises no general principle whereby a condition precedent to a debt obligation is treated as fulfilled simply because the obligor's breach caused its failure. The higher court overturned the decision of the Court of Appeal, in which it was held that the case of Mackay v Dick established this “deemed fulfilment principle”. Instead, the Supreme Court held that the starting point is the contract itself: if a debt is expressed as conditional, the obligation only arises when the condition is actually met. The Claimant (seller) argued that this interpretation enabled the Defendant (buyer) to escape liability through its own breach. The Supreme Court disagreed, noting that deeming the condition satisfied would effectively rewrite the parties’ agreement. The seller’s remedy lies in damages, not payment of the conditional debt, unless the contract expressly provides otherwise.

Read the judgment here and the full analysis here.

Government Sets Out 2026 Reforms to Establish Independent Building Safety Regulator

The Government has published the draft Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026, marking a major step in its plan to overhaul the Building Safety Regulator (BSR). Stemming from the recommendations of the Grenfell Tower public inquiry, the reforms aim to strengthen oversight and move towards a single construction regulator. Under the proposals, the BSR will be removed from the Health and Safety Executive (HSE) and re-established as an independent body under the Ministry of Housing, Communities and Local Government. When the relevant regulations come into force on 27 January 2026, the new BSR will assume the HSE’s building safety functions, with corresponding legislative amendments to reflect the shift in responsibility. The restructured regulator will operate with its own financial framework, including powers to charge for services and receive government funding. 

Read the full draft regulations here.

Former ISG Chief Executive appointed to Mace Consult 

Former ISG Chief Executive, Zoe Price, has been appointed as Managing Director for Europe at Mace Consult.  At ISG, Zoe Price previously served as group director for public sector frameworks and chief operating officer for UK construction before becoming chief operating officer in February 2024 following the departure of Matt Blowers. Zoe Price has previously had roles at Wilmott Dixon and Morgan Sindall.

Mace Consult, which now operates as an independent programme delivery consultancy, employs more than 3,000 people in its Europe hub. It provides services including advisory, project management, planning, cost and commercial management, and responsible business consultancy. Mace Consult has recently made three other senior hires. 

Read the full article here.

House of Lords European Affairs Committee Reports on UK-EU Reset

On 12 November 2025, the House of Lords European Affairs Committee published its first assessment of the UK government’s efforts to reset relations with the EU. The report, covering developments up to October 2025, evaluates progress on foreign policy, defence, trade, and mobility. Key recommendations include clearer scrutiny of the new UK-EU agreements that are expected to arise from the May 2025 summit, and clarification of the relationship between alternative electricity trading arrangements and possible UK participation in the EU internal electricity market. The Committee highlight the role of Parliament in scrutinising the Government’s implementation of its policies, and notes that no White Paper was produced by the Government setting out objectives at the outset, which would have facilitated the House of Lord's task of holding the Government to account.

Read the full analysis here.

RICS and ICE announce harmonised carbon assessment standards for the built environment

Both the Royal Institution of Chartered Surveyors (RICS) and the Institution of Civil Engineers (ICE) have announced guidance aimed at promoting the adoption of two complementary carbon assessment standards for the built environment. The complementary standards are the RICS Whole Life Carbon Assessment (WLCA) Standard, which provides for a lifecycle methodology that measurers and reports building projects' carbon emissions, and this is complemented by PAS 2080:2023: Carbon Management in Buildings and Infrastructure (PAS). PAS defines the governance and management processes for reducing carbon impacts. The two assessment standards, together, support global decarbonisation objectives by embedding the carbon assessment and management into design, procurement, and construction workflows. 

Read the full article here.

With thanks to Oliver Clarke, Jessica Hill, Sikander Azam and Victoria Sessions

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.