The Week That Was - 30 January 2026

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

Paragon Group Ltd v FK Facades Ltd - The TCC confirms that assignees of a construction contract can refer disputes against the original contracting party to adjudication

Paragon Group Ltd (Paragon) as assignee of the employer's rights under a JCT Minor Works Building Contract, 2016 edition (the Contract), terminated the Contract in April 2024 and claimed liquidated damages for delay from the Contractor (and original contracting party), FK Facades Ltd (FK). FK disputed the claim.

Paragon referred the dispute to adjudication and FK raised several jurisdictional challenges including its argument that only the original parties to the contract could refer disputes to statutory adjudication. The adjudicator considered that he did have jurisdiction, awarded Paragon £80,500 and decided that FK should pay the Adjudicator's fees. FK refused to pay and Paragon issued enforcement proceedings.

The TCC granted summary judgment enforcing the Adjudicator's decision. Interpreting the meaning of a "party" to a construction contract, the judge held that both the statutory adjudication framework and the Contract itself contemplated that a "party", for adjudication purposes, could include a legal assignee.

In reaching its judgment, the TCC acknowledged that "there is no direct authority on the point" and that the issue is "not entirely straightforward". This case provides welcome authority on the issue.

You can read the full judgment here.

'James Bond' builder fined for threatening HSE inspectors

Site manager David Robert Lane has been ordered to pay more than £10,500 after threatening Health and Safety Executive (HSE) inspectors at a cottage refurbishment in Rugeley, Staffordshire.

Passing inspectors witnessed unsafe practices, including two workers accessing a roof from an excavator bucket, and approached the workers on site. Lane intervened, rebuffing the inspectors' attempts to inspect the site and refused to identify himself beyond “James Bond”. Lane claimed to be the property owner with unpaid relatives and friends on site and issued threats of violence which prompted the inspectors to withdraw.

A week later, the inspectors returned with officers from Staffordshire Police. Lane again denied their right to inspect, instructed workers not to engage, and continued to obstruct. He was prosecuted under two counts of section 33(1)(h) of the Health and Safety at Work etc. Act 1974 for obstruction and, after failing to attend Birmingham Magistrates’ Court twice, was found guilty after being tried in absence on 9 January 2026. The court fined him £3,000, with £6,450 costs and a £1,200 victim surcharge.

HSE inspector Gareth Langston reiterated that "HSE inspectors have an important job to do, in safeguarding the health, safety and welfare of people at work. This includes investigating incidents and securing justice for innocent workers and the families that are tragically left behind."

Read the full article here.

HS2 Health and Safety concerns

After the occurrence of five RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) incidents, it was identified that HS2 bosses had previously flagged health and safety concerns in a board meeting just months before a serious incident halted work on the line's London tunnels, following the release of board meeting minutes. By June, a consistent number of lost‑time incidents persisted, and further interventions were under consideration. 

In September, there was a near miss at Green Park Way in West London when a beam struck a crane basket during gantry crane dismantling. This led to a pause of Skanska Costain Strabag JV works for a review of procedures and leadership. Works were stated to be restarting in phases, and HS2 later confirming all sites reopened without impact on the overall schedule. 

In March, the board removed accident frequency rate from KPI metrics, retaining it as management information. HS2 says safety is the top priority, adopting zero tolerance and using the Health and Safety Performance Index (including injury frequency weighting) to better target improvements across the supply chain. 

Read the full article here.

£60m Mental Health Hospital construction has been delayed

Construction of the £60m Combe Valley Hospital in Bexhill has been delayed, with subcontractor insolvency and exceptional rainfall, cited as the cause.  Completion is now expected in September, with opening in December 2026, rather than early 2025.

The 5,200 sqm facility will provide adult and older people’s inpatient mental health services, replacing Eastbourne District General Hospital’s provision.

The hospital will be comprised of 54 beds across three 18-bed wards, each with individual bedrooms and ensuite bathrooms, plus outpatient and training facilities, designed to create a modern, therapeutic environment.

Read the full article here.

CLC Material Supply Chain Group warns of declines across construction industry

The Construction Leadership Council’s (CLC) Material Supply Chain Group (the Group) has reported that the UK's construction market urgently requires "targeted stimulus measures” due to the sector facing continued weak market conditions, noting the difficulty of a prospects of a recovery in 2026 looking bleak.

Concrete volumes have fallen by 39% in London in the last two years, and are down 28% nationally over the last four years. Concrete volumes are a key indicator of sector activity and, notwithstanding this sharp fall, suppliers are noting that supply often exceeds demand with there being no material shortages.

The Group states how the sharp fall in new orders, contributing to the sector's poor performance, is caused by economic volatility, low consumer confidence, delayed investment activity and client caution.

Read the full article here.

With thanks to Tess Turner, Oliver Clarke and Emma Donovan

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.