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13 March 2026
Issue: 8153 / Categories: Legal News , Contract , Construction , Commercial
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NLJ this week: Tightening the screws on JCT terminations

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The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment

At issue was whether clause 8.9.4 allowed termination for a repeated default ‘for any reason’ without a prior accrued right under clause 8.9.3. The court held the latter was the ‘gateway’: clause 8.9.4 is ‘parasitic’ on 8.9.3. An employer must first fail to cure a specified default before repetition can justify termination.

The ruling reinforces that standard forms should be interpreted consistently and that autonomy has limits. For contractors, the outcome may feel ‘less extreme’, but it narrows practical leverage against persistent late payers.

Issue: 8153 / Categories: Legal News , Contract , Construction , Commercial
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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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