Building contract – Construction. Both parties in a dispute concerning work carried out on the M25 applied for declarations as to the definition of 'critical incidents' for the purposes of the contract between them. The Technology and Construction Court held that, among other things, the declaration of a critical incident was a matter for the Secretary of State for Transport (or someone acting on behalf of the Secretary of State), based on objective criteria by reference to the list of deemed critical incidents in the network management manual.