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ARTICLE · 01 MAY 2026

Legal Developments In Construction Law: May 2026

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Recent UK construction law cases provide critical guidance on professional duties of Independent Monitoring Surveyors, the application of Building Liability Orders under the Building Safety Act, and the residential occupier exemption in adjudication proceedings. These developments reshape liability frameworks and procedural requirements across development finance, building safety enforcement, and payment disputes.

United KingdomReal Estate and Construction

1. Professional negligence of Independent Monitoring Surveyors, duties owed and assessment of damages

The recent case of Eiger Funding (PCC) Limited v Ridge and Partners LLP [2026] EWHC 609 (TCC) provides important guidance on the duties owed by Independent Monitoring Surveyors ("IMSs") to lenders in development finance transactions, and the consequences of providing negligent advice on construction costs and project risks.

Eiger Funding (PCC) Limited ("Eiger") provided a loan of £12.9 million to Signature Living Residential Limited ("Signature") funding the completion of a development at 60 Old Hall Street, Liverpool (the "Project"). The Project was being built by Signature's related company Signature Living Contractors Limited. The loan was arranged by North Wall Capital LLP ("NWC") acting as investment manager for Eiger. The Court found that, despite not formalizing their legal relations, Ridge and Partners LLP ("Ridge") had been engaged by Eiger as IMS to provide a report

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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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