Jonathan Ward appeared for the successful claimant in Belong (Construction) Ltd v Seddon Construction Ltd [2026] EWHC 1275 (TCC), a significant Technology and Construction Court decision concerning the interplay between a Pre-Construction Services Agreement (PCSA) and a subsequent JCT building contract.
Reversing an earlier adjudication decision, the court held that liabilities incurred during the PCSA period could survive the execution of a subsequent JCT contract, even where the relevant obligations had not been incorporated into the express terms of the final contract. The court also distinguished, by reference to Photo Production Ltd v Securicor Transport Ltd, between primary obligations that came to an end upon execution of the JCT contract and secondary liabilities that continued thereafter.
It is understood that the relevant PCSA terms reflect those found in a widely used industry precedent. The decision is therefore of particular interest to those advising on construction procurement and the drafting of JCT contracts.
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