SCL International

UK

‘Hybrid’ Contracts: Not a Villain – Just Misunderstood

James Bowling and Matthew Thorne

August 2025

Published in the SCL Journal: Summer 2025 

The paper looks at ‘hybrid contracts’ which contain operations some of which fall within and some outside the scope of Part II of the Housing Grants, Construction and Regeneration Act 1996. They have long had a bad reputation due to difficulties giving effect to the mandatory requirements of the Act and its imposition of the mandatory payment regime where the hybrid contract ‘bites’ on ‘construction operations’.

Contracting Practices for Tunnelling and Underground Works

Ben Mellors

August 2025

Published in the SCL Journal: Summer 2025 

The paper considers tunnelling and underground construction work and the significant recent developments in contracting practice with the FIDIC Emerald Book 2019; the 2023 guidance on Geotechnical Baseline Reports by both CIRIA in the UK and ASCE in the US; and the third edition of the International Code of Practice for Risk Management of Tunnel Works in 2023.

A Risky Business? The Building Safety Act in the First Tier Tribunal

Nia Moseley-Roberts

April 2025

Commended entry in the SCL Hudson Prize 2024, published in the SCL Journal: Spring 2025

The paper considers the tension between homeowner protection and the protection of commercial interests in a post-Grenfell world. The paper examines how the First Tier Property Tribunal determines a ‘relevant defect’ when considering applications for Remediation Orders under the Building Safety Act 2022.

ESG Risks in Construction Law: Adding Teeth to the Governance of Construction Supply Chains

Armando Castro and Mohamad El Daouk

April 2025

Commended entry in the SCL Hudson Prize 2024, published in the SCL Journal: Spring 2025

The paper considers the implications of UK construction law on Environmental, Social, and Governance issues, especially the governance of construction supply chains. The authors consider: does current UK legislation align with ESG considerations for the governance of construction supply chains? How might contractual provisions deliver governance oversight and robust enforcement?

The ‘Insolvent Contributor’ Problem: Considering the Apportionment of Liability in Construction Cases

Caitlin Moore

April 2025

Highly Commended in the SCL Hudson Prize 2024, published in the SCL Journal: Spring 2025

The paper looks at the so-called Insolvent Contributor problem, an issue where guidance from case law is lacking, particularly so in construction cases, where it is likely that contribution proceedings may involve an insolvent contributor.

Internationalising Adjudication: Towards an Incremental and Polycentric Harmonisation

Professor Renato Nazzini KC (Hon) and Aleksander Godhe

April 2025

Winner of the SCL Hudson Prize 2024, published in the SCL Journal: Spring 2025

The paper focuses on internationalising adjudication, a fast ADR mechanism using a third-party adjudicator to make a decision, a timely issue in light of the recent UNCITRAL model clause on adjudication, and the ISAF draft model adjudication law.

Contractualising Climate Change: Challenges, Solutions and Opportunities

Anne-Marie Friel

January 2025

A paper presented to the Society of Construction Law at a meeting in London on 16th April 2024

The paper examines the challenges climate change poses to construction contracts and projects. The author introduces a ‘Systems Thinking’ approach as a solution to these challenges and analyses its effectiveness. How can ‘Systems Thinking’ be adopted in the construction sector and how can it be practically implemented within construction projects and reflected in construction contracts?

What will the Corporate Sustainability Due Diligence Directive mean for the Construction Industry across the Island of Ireland?

Ciara Keegan

January 2025

Runner-up in the inaugural SCL Ireland – Young Practitioners Essay Competition 2024

The paper discusses the EU Corporate Sustainability Due Diligence Directive, which progresses the objectives of the European Green Deal ensuring no net emissions of greenhouse gases by 2050, that economic growth is decoupled from resource use, and that no person and no place is left behind.

Has The Time Come for An Irish TCC?

Gavin Wilson

January 2025

Winner of the inaugural SCL Ireland – Young Practitioners Essay Competition 2024

The paper suggests that it is time for an Irish Technology and Construction Court to be established. After a review of the TCC in England and Wales, the paper considers the findings of the Kelly Report in 2020, and the fact that Ireland has already paved the way towards an ITCC by introducing statutory construction adjudication.

What if Construction can Change? How a ‘Green Thread’ of environmental responsibility may help to address legal liability issues associated with reuse

Mariya Rankin

July 2024

A paper based on the highly commended entry in the Hudson Prize essay competition 2023

The paper considers how the law of England and Wales might soon have to adapt to enable a Green Thread of environmental responsibility and overcome issues of legal liability associated with the concept of reuse in construction. The paper states that the pressing need to increase the reuse of building materials and elements means that the attitude of survivalism that has prevailed in the construction industry is no longer sufficient.

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