STANDARD FORM CONTRACTS

January 19th, 2026 by James Goudie KC

The Supreme Court in PROVIDENT BUILDING SERVICES LTD v HEXAGON HOUSING ASSOCIATION LTD ( 2026 ) UKSC 1 has held that the contractor under a CONSTRUCTION CONTRACT which incorporates the JCT Design and Build Contract ( 2016  edition ) cannot terminate its employment under clause 8.9.4 when a right to give the termination notice referred to in clause 8.9.3 has never accrued. The established approach to CONTRACTUAL INTERPRETATION, based on the objective intentions of the contracting parties in the relevant context, applies to the interpretation of an industry wide standard form of contract.

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