As the UK moves into 2026, the infrastructure sector faces an unprecedented convergence of delivery risk, regulatory reform and the expanding reach of the Building Safety Act 2022 (BSA). The government’s multi-year spending review has locked in an additional £113bn in capital investment through to 2029/30, with energy and transport as headline priorities. Yet this surge in ambition coincides with stricter legal scaffolding – a reshaped procurement regime, new BSA-driven liability structures, and a disputes landscape increasingly shaped by hard-edged adjudication trends.

Against this backdrop, the Supreme Court’s granting of permission to appeal in Triathlon Homes LLP vs Stratford Village Development Partnership marks an important moment for the construction and infrastructure sector. On 6 November 2025, the court refused permission on the “just and equitable” ground, but granted permission on the second ground, concerning the retrospective effect of section 124 of the BSA, which allows remediation contribution orders (RCOs) to capture costs incurred before the provision came into force on 28 June 2022. 

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