Case law and construction: Knowledge hub

Key takeaways

Case law comprises judicial decisions that interpret and apply legislation, contracts, planning rules, and duty of care in the construction context. These decisions set crucial precedents, shaping how legal obligations—such as negligence, breach of contract, and planning conditions—are understood. Applying relevant case law helps construction professionals manage risk, comply with legal duties, and protect against disputes. Case law is an essential compass for navigating duties and risks in construction.

Introducing case law in construction—and why it matters, with recent examples

Case law in construction develops through court rulings that clarify how statutory, contractual, and common-law duties apply in real-world situations. It matters because:

• It defines civil law remedies such as negligence, nuisance and tresspass.
• It informs contractual obligations. For example, the courts have distinguished between “best” (robust effort) and “reasonable” (objective standard) obligations.
• It guides the application of legislation, such as planning law, CDM duties, building regulations approvals and so on.
• It offer lessons for managing risk, structuring contracts, and meeting legal standards in construction.

Key articles about Case law and construction

Below is a list of the most widely-read and important articles about case law on Designing Buildings:

General background to case law:

• Alternative dispute resolution. Cases shaping ADR in industry conflicts.
• Best endeavours v reasonable endeavours. Distinction between high and moderate performance obligations.
• Breach of contract. Legal consequences when parties fail to meet contractual obligations.
• Case law. Library of landmark construction cases.
• Civil procedure rules. Procedural law shaping litigation delivery.
• Common law. How judge-made law shapes construction duties and rights.
• Concurrent delay. Cases addressing overlapping delays and responsibility.
• Consequential losses. Jurisprudence on secondary loss recoveries.
• Construction Act. Principal judgments under the UK Construction Act.
• Construction contract. Legal structure, rights, and obligations under standard agreements.
• Construction law. Broad sector view of legal matters in the industry.
• Construction litigation. How disputes are resolved via adjudication, arbitration, or court.
• Contract claims. Case law on mechanism and validity of claims.
• Defects. Legal treatment of building defects and remediation orders.
• Determination in construction contracts. When and how contract termination or suspension applies.
• Express and implied terms in construction contracts. Difference between drafted and implied provisions.
• Extension of time. Jurisprudence on granting extra time for delays.
• Fair payment practices. Case law backing payment regulations.
• Injunction. Courts’ power to prevent or enforce action in construction disputes.
• Legal action. Describes when parties initiate judicial proceedings and the common use of ADR in construction.
• Legal agreement. Types and enforceability of legal contracts in construction.
• Legal and equitable assignment. Differentiates between types of assignments in legal history and equity.
• Liquidated damages. Judicial scrutiny of pre-agreed compensation clauses.
• Loss and expense. Legal parameters for recovery of extra costs.
• Negligence. A breach of a duty to take care.
• Nuisance. Unreasonable interference with another party’s use of land.
• Termination. Case law guiding valid contract terminations.
• Tort. A collection of civil law remedies.
• Trespass. Interference of a person’s right to the security of their body, property or land.

Key cases:

• 199 Knightsbridge Development Ltd v WSP UK Ltd. Court found WSP’s negligence didn’t cause loss to Knightsbridge despite inadequate design oversight.
• Anns v Merton London Borough Council. Expanded duty of care owed by authorities to building users.
• Curran and Another v Northern Ireland Co Ownership Housing Association Ltd and Another. Concerned defective building work and the scope of negligent liability.
• D&F Estates Limited and Others v Church Commissioners for England and others. Explored the boundary between contract and tort when seeking recovery for latent defects.
• Donoghue v Stevenson. Established the modern concept of negligence and duty of care.
• Dutton v Bognor Regis UDC and Another. Addressed local authority liability for construction defects.
• Gable House Estates Ltd v The Halpern Partnership and Another. Confirmed concurrent liability in tort alongside contractual claims where professional advice is used.
• Governors of the Peabody Donation Fund v Sir Lindsay Parkinson & Co Ltd. Examined responsibility for construction defects in residential buildings.
• Hamsard 3147 Limited & others v Boots UK Limited. Highlighted importance of clear written contract terms, particularly around termination notice.
• Hedley Byrne & Co Ltd v Heller & Partners Ltd. Introduced liability for negligent misstatements giving rise to financial loss.
• Henderson and Others v Merrett Syndicates Ltd and Others Established when pure economic loss is recoverable in negligent misstatements.
• Junior Books Ltd v Veitchi Co Ltd. Held a contractor owed a duty of care—even absent contract—to a company they weren't in a direct contract with.
• Leigh & Sullivan Ltd v Aliakmon Shipping Co Ltd. Contributed to understanding limits of liability in damages and contractual liability.
• Liberty Mercian Limited v Cuddy Civil Engineering Limited and others. Related to adjudication, collateral warranties, and use of third-party rights.
• Muirhead v Industrial Tank Specialists Ltd. Dealt with professional liability for defective design or advice.
• Murphy v Brentwood District Council. Overturned Anns, narrowing local authority liability for economic loss caused by building defects.
• Parkwood Leisure Limited v Laing. Determined that certain collateral warranties fell within the scope of the Housing Grants, Construction and Regeneration Act, enabling adjudication.
• TSG Building Services Plc v South Anglia Housing Limited. Addressed duty to warn and obligations under contracts in construction services.
• Westshield Civil Engineering Ltd and Westshield Ltd v Buckingham Group Contracting Ltd. Involved dispute resolution through adjudication and final account settlements.
• White v Jones. Found a solicitor liable in tort to intended beneficiaries of a will for negligent failure to act.

All case law articles

There are more than 250 articles about case law on Designing Buildings. A full index is available here.

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