Provident Building Services Limited v Hexagon Housing Association Limited [2026] UKSC 1
Provident Building Services Limited v Hexagon Housing Association Limited [2026] UKSC 1
- The Supreme Court, 15 January 2026
Supreme Court judgement clarifying termination rights under JCT Design and Build contracts. In summary, when a client pays late, the Contractor has the right to issue a ‘warning notice’ for termination, which has a time limit (usually 28 days) for the payment to be made, and in the case in question, the Client paid up within that period. When that late payment happened again six months later, the Contractor thought they had the right to terminate immediately, based on the previous notice six months earlier. Not so, said the judge – each payment must be looked at in isolation.
Justices: Lord Reed, Lord Briggs, Lord Burrows, Lord Stephens, Lord Richards
CONSTRUCTION CONTRACTS
CONSTRUCTION LAW
LATE PAYMENTS
TERMINATION
United Kingdom
Supreme Court judgement clarifying termination rights under JCT Design and Build contracts. In summary, when a client pays late, the Contractor has the right to issue a ‘warning notice’ for termination, which has a time limit (usually 28 days) for the payment to be made, and in the case in question, the Client paid up within that period. When that late payment happened again six months later, the Contractor thought they had the right to terminate immediately, based on the previous notice six months earlier. Not so, said the judge – each payment must be looked at in isolation.
Justices: Lord Reed, Lord Briggs, Lord Burrows, Lord Stephens, Lord Richards
CONSTRUCTION CONTRACTS
CONSTRUCTION LAW
LATE PAYMENTS
TERMINATION
United Kingdom