Termination and the giving of notice

In Providence Building Services Ltd v Hexagon Housing Association Ltd [2026] UKSC 1 the Supreme Court held, allowing an appeal from the decision of the Court of Appeal, that a contractor under the 2016 Edition of the JCT Standard Form of Design and Build Contract was not entitled to terminate its employment under clause 8.9.4 of the contract in a case where a right to give the further notice referred to in clause 8.9.3 had not previously accrued. In reaching this conclusion the primary focus of the Supreme Court was on the wording of the disputed term. However, importantly, it was also recognised that, when interpreting an industry-wide standard form contract such as a JCT contract, the court can take account of past decisions of the courts, and practice in relation to, clauses in an earlier version of the contract and the JCT's Guide on the relevant standard form contract. And the parties can generally be expected to accept that their objective intentions are that their respective rights and obligations should be consistent with those of other parties using the same standard form.