Manual of Construction Agreements

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Commentary

Source Currency: Issue 49, August 2026. This edition contains several significant and commercially important updates to Cockram’s Manual of Construction Agreements. At a time when the construction industry faces increasing regulatory change and evolving market expectations, we have drawn on the expertise of Barry
Hembling, Construction Partner at Watson Farley and Williams LLP, to refresh the Manual’s most widely used forms. The resulting enhancements are intended to help manage risk, improve contractual certainty and respond to the latest legal and commercial developments affecting the built environment sector. Among the headline developments in this edition are enhancements to Building Safety drafting, updated construction products provisions reflecting the latest regulatory reforms, refined payment mechanisms following an important case in this area, and revisions to legislation drafting. The updates capture important developments relating to assignment and adjudication rights, ensuring users remain aligned with the latest case law. Our Building Safety drafting has been strengthened to expressly capture applicable codes of practice, statutory guidance and industry guidance issued in connection with Building Safety legislation. These enhancements
provide users with greater clarity and protection in an increasingly regulated environment. The provisions dealing with deleterious materials have also been reviewed and updated. The precedents have also been revised to reflect developments arising from the Construction Products (Amendment) Regulations 2025 (SI
2025/1172), which came into force in Great Britain on 8 January 2026. Following the recognition of the European CE mark as an acceptable alternative to the UKCA mark, the drafting has been updated to reflect the
evolving regulatory framework governing construction products and product compliance. We have proactively refined the payment provisions in light of the decision in Placefirst Construction Ltd v CAR Construction (NE) Ltd [2025] EWHC 100 (TCC). The updated drafting places greater emphasis on clearly defining the requirements of payment notices and distinguishing between different notice types, helping users reduce ambiguity and minimise the risk of payment disputes. Recognising the continuing evolution of construction-related legislation,we have revisited the legislative change provisions throughout the suite of precedents. Whilst many legislative changes affecting the sector are foreseeable and can be priced at contract stage, market practice continues to evolve. The revised drafting adopts a more balanced approach by limiting
certain exclusions to legislative changes that could not reasonably have been foreseen when the contract was entered into, reflecting current commercial sentiment in the market. Subscribers will also benefit from updated drafting and guidance following Paragon Group Ltd v FK Facades Ltd [2026] EWHC 78 (TCC), in
which the High Court confirmed that an assignee of a construction contract may exercise adjudication rights, whether arising under the contract itself or pursuant to the Housing Grants, Construction and
Regeneration Act 1996. The precedents now highlight the practical implications of this decision and provide guidance where parties wish to regulate or restrict the transfer of adjudication rights upon assignment.
These developments have been implemented across an extensive range of precedents throughout the volume. Section 1 contains a comprehensive refresh of consultant appointments, including forms for design and non-design consultants, appointments for traditional and design and build procurement routes, and specialist con-
sultant appointments. Updated forms are provided for site investigation consultants, party wall surveyors, rights of light surveyors and CDM Principal Designers. A number of other consultant appointment forms
have also been modernised to reflect current legal and commercial practice. Section 2 contains updated special conditions for use with the JCT 2024 suite of contracts, including forms addressing collateral warranties and third-party rights for the JCT Standard Building Contract, Design and
Build Contract, Intermediate Building Contract and Minor Works Building Contract. Subscribers now have access to enhanced drafting that reflects the latest market practice and judicial guidance across each
procurement route. Our BIM precedents have also been revisited. Section 2A includes updated
consultant appointments incorporating BIM appendices, comparison versions to assist users with implementation, and riders to building contracts incorporating BIM requirements. These documents continue to provide practical support for projects operating within increasingly sophisticated digital construction environments. Construction management and framework arrangements have similarly received attention. Section 5 contains an updated Management Contract and Works Contract, while Section 5A includes refreshed construction management documentation, including a bespoke Construction Manager’s Appointment and updated special conditions for the JCT Construction Management contract. Updated framework agreements, including contractor and consultant framework models, are included within Section
5B. In addition, this edition features updates to a number of widely used project documents, including the Letter of Intent (Developer to Contractor), Letter of Intent (Developer to Sub-Contractor), Development Agreement, Pre-Construction Agreement and Vesting Agreement for Off-Site Materials. These changes reinforce the Manual’s position as an indispensable resource for construction lawyers, developers, contractors and consultants. Whether negotiating appointments, administering projects, managing procurement strategies or allocating risk on major developments, users will benefit from our practical, contemporary and market-tested drafting. We remain committed to ensuring that Cockram’s Manual of Construction Agreements continues to provide authoritative and commercially relevant precedents reflecting legal developments and industry best practice. We encourage subscribers to explore the new and updated forms throughout the volume and to incorporate the enhanced drafting into their projects and transactions. We are pleased to present Issue 49 and trust that subscribers will find these enhancements of benefit in practice.

Contributors

Jane Stubbs  Author
Hamish Lal  Author