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ARTICLE · 23 JUNE 2026

Legal Developments In Construction Law: June 2026

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Recent High Court judgments address critical issues in construction contract interpretation, including the treatment of derogation schedules, adjudicators' powers to revise completion dates, and the survival of Pre-Construction Services Agreement...

United KingdomLitigation, Mediation & Arbitration
Brad Fearn
Brad Fearn
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1. Court Considers Contractual Interpretation of Derogation Schedules and Adjudicator's Rights to Assess Extensions of Time

A recent High Court judgment addressed the correct contractual interpretation of bespoke schedules of derogations within amended JCT Design and Build contracts, and whether an adjudicator has the power to fix a completion date earlier than that fixed by the Employer's Agent.

Background and Main Issues

Mace Construct Limited ("Mace") were engaged by Baltic Investment Holdings Limited ("Baltic") under an amended JCT Design and Build Contract 2016 dated 5 December 2023 (the "Contract") for the refurbishment of the Baltic Exchange Building, 38 St Mary Axe, London. The Contract incorporated, amongst other documents, an extensive Schedule of Amendments, a Schedule of Derogations and Tender Clarifications. In December 2024 the Employer's Agent granted Mace extensions of time under the Contract totaling seven weeks and five days. Baltic challenged this grant in

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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