The Week That Was - 23 January 2026

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

Providence Building Services Limited v Hexagon Housing Association Limited

The Supreme Court overturns the Court of Appeal's decision on limits on termination for repeated defaults under the JCT Design and Build Contract

Hexagon Housing Association (Employer) and Providence Building Services (Contractor) contracted using JCT Design and Build 2016 (Contract).  After a late payment in December 2022 (cured within 28 days) and a second late payment in May 2023, the Contractor served a termination notice. The Court found for the Employer.  The Court of Appeal reversed that decision.  The Employer appealed to the Supreme Court (SC).

The SC considered clause 8.9 (unchanged in JCT 2024).  It unanimously allowed the Employer’s appeal, holding there was no right for the Contractor to terminate for two late payments as this would be an extreme outcome, particularly as the first late payment had been cured within the grace period so no right of termination had arisen.  Upon proper construction, the SC held that this was not how the Contract should be interpreted.  The SC emphasised that standard form contracts interpretation must involve considering the objective intentions shown by the drafting.

You can read more and find the full judgment here.

Legal Battle Over Allies & Morrison’s £200m Wimbledon Expansion Returns to High Court

A major legal dispute over plans to dramatically expand the Wimbledon tennis grounds is returning to the High Court this week, placing the future of the £200m development back under scrutiny. The proposals, drawn up by Allies & Morrison for the All England Lawn Tennis and Croquet Club, involve redeveloping the former Wimbledon Park golf course to create dozens of new courts and supporting facilities, significantly increasing the site’s footprint.

The scheme has attracted sustained opposition from local campaigners, who argue that the land is bound by a statutory trust that requires it to remain available for public leisure use. They claim the redevelopment would breach these obligations. The club, however, maintains that the proposals are legally sound and that planning consent was properly granted following extensive assessment.

Although earlier legal challenges were unsuccessful, the case has returned to court following further legal arguments. The outcome could have far-reaching implications, not only for Wimbledon’s long-term plans, but also for how protected public land is treated in future development disputes.

You can read more here [May require subscription] and here.

Westminster Council to Adopt ‘Retrofit-First’ Benchmark Planning Policy

Westminster City Council is set to introduce a strengthened planning policy that prioritises the refurbishment and reuse of existing buildings ahead of demolition and redevelopment. Known as a “retrofit-first” approach, the policy will require developers to demonstrate that retaining and upgrading a structure is not feasible before proposals for demolition are considered acceptable.

The measure forms part of the council’s wider City Plan review and reflects growing concern over the environmental impact of new construction. By encouraging retrofit, the council aims to reduce embodied carbon emissions, limit demolition waste and preserve the architectural fabric of one of the UK’s most densely developed urban areas.

Planning applications will need to include detailed assessments outlining why reuse options have been ruled out. Council leaders argue that the policy will push the development industry to adopt more sustainable practices and make better use of existing building stock, while still allowing new development where clearly justified.

You can read more here [May require subscription] or here.

Mural to inspire construction workers

A mural has been unveiled in Walthamstow, London, to celebrate trade careers and urge more people into the construction industry.

The mural is one of two (the other is in Manchester) and depicts D'ontae Rock (a 22 year old carpentry apprentice), Milton Walcott (HSEQ Manager at Complete Fixing Solutions) and Professor Rose Wells (an engineer and FE Principal and Dean of STEM at University College Birmingham).  It is hoped that the murals will attract workers to the construction sector. 

With more than 35,000 construction vacancies and more than half unfilled due to a shortage of qualified workers, the government has pledged to increase training and tackle this skills gap.  The government measures include a pledge to train 60,000 additional engineers, bricklayers, electricians and joiners by 2029, plus Autumn Budget funding: £725m to support 50,000 apprenticeships, £570m for colleges and £100m via mayors.

You can read more here and here. 

New Liverpool–Manchester line anchors revived Northern Powerhouse Rail vision

Rail minister Lord Peter Hendy has declined to set a completion deadline for the revived Northern Powerhouse Rail (NPR), noting that rail upgrades “take a very long time”. Lord Hendy said benefits should start to be felt in the 2030s, while reports suggest overall completion is unlikely before 2045. The government plans £1.1bn of spending to 2029, with an overall cap of £45bn set in 2026 prices. 

The three stage proposals include a new Liverpool–Manchester line and wider connections from Liverpool to Newcastle. Hendy rejected assumptions of HS2 style overruns, citing progress on the Transpennine Route Upgrade, and confirmed the proposed Birmingham–Manchester line would not reinstate HS2. 

Land between the West Midlands and Crewe is being retained to address future capacity, with any route unlikely to be high speed. The Civil Engineering Contractors Association urged ministers to publish a clear delivery timetable to give industry the certainty it needs to invest and mobilise.

More details can be found here [may require Subscription] and here.

ONS: new build starts up 18%; housebuilding recovery gathers pace

ONS figures show new build housing starts rose 18% in the year to September 2025 to 117,980, with 29,620 starts in Q3 2025 (July–September), up 3% year on year. Since 9 July 2024, an estimated 309,600 homes have been completed, taking delivery to just over one fifth of the government’s 1.5 million homes target. 

Housing Secretary Steve Reed hailed “green shoots of recovery”, attributing momentum to planning reforms—including the new ‘grey belt’—streamlining and investment in social housing. Industry reaction was cautiously positive: Housebuilder Muse reported a near 15,000 home pipeline and said preparation means schemes can move quickly, while warning challenges remain to reach the scale required. Propertymark welcomed the uplift but stressed that solving the housing crisis depends on building the right homes in the right places, with a mix of tenures, backed by infrastructure, transport and local services. It called for long term planning certainty to bolster fragile confidence across developers, lenders and consumers.

Find out more here and here.

With thanks to Brendan Marrinan, Tarek Elmanharawy and Ella Green

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.