In episode 110 of The Subcontractors Blueprint podcast, host Jacob Austin brings you his Autumn ‘Case Law Coffee Break in which he reviews key UK construction law cases from April to September 2025. He covers crucial topics for subcontractors, including payment disputes, adjudication enforcement, contract variations, extensions of time, and liability for defective work. Jacob explains recent court decisions, highlights the importance of timely notices and precise contract language, and discusses the impact of the Building Safety Act. The episode offers practical legal insights to help construction business owners protect their interests, ensure prompt payment, and manage risk in today’s evolving legal landscape.

KEY TAKEAWAYS:

•  The Technology and Construction Court (TCC) and recent case law reinforce the “pay now, argue later” principle, making timely payment mandatory if proper notices aren’t issued, regardless of ongoing disputes.


•  Challenging adjudicators’ decisions is only possible in exceptional circumstances; courts will generally enforce their rulings to maintain cash flow and avoid unnecessary delays.


•  Written instructions—including informal emails—can constitute valid contract variations if they clearly communicate changes, as courts prioritise substance and intent over technicalities.


•  Settlement agreements resolving disputes within ongoing projects are usually treated as variations to the original contract, meaning existing adjudication clauses still apply.


•  The Court of Appeal clarified that “if X, then Y” notice clauses in contracts are binding conditions precedent: parties must strictly comply with notification requirements to preserve or enforce rights, as seen in the DBS v Tata case.


•  A Supreme Court ruling confirmed developers can recover defect remediation costs from consultants even after selling the property, especially where public safety is at stake, and highlighted the extended liability periods under the Building Safety Act 2022.

BEST MOMENTS:

"If you don’t issue those required notices, you must pay the notified sum first before quibbling over the true value."

"The bar for challenging an adjudicator’s decision is high and they’ll enforce adjudicators’ decisions in all but exceptional circumstances."

"Variation clauses shouldn’t be applied overly technically—it’s about the effect and the intent of the instruction, not whether it uses the word 'variation.'"

"If a clause says ‘if X you shall do Y,’ then the courts are likely to enforce it as a strict condition precedent to your rights."

"Quality and safety responsibilities need to be taken absolutely seriously, because they can come back to haunt you decades later."

Jacob is on a mission to help the 1 million SME contractors working within the construction industry. If you've taken something of value from this episode, please share the podcast with someone you know, and pass the value on.

HOST BIO: Meet Jacob Austin, a Chartered Quantity Surveyor with a rich background at construction industry giants Balfour Beatty, Kier, and Vistry Group. With extensive involvement in education, health, and residential projects spanning various scales, from £1000s to £100M in concurrent developments, Jacob brings a unique perspective. Having collaborated with numerous small businesses, he's now committed to sharing his expertise to drive their success. Join Jacob on his podcast, where he blends his profound insights and personable approach to offer guidance, industry secrets, and inspirational stories.

LinkedIn - www.linkedin.com/in/jacob-austin/

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