2018 in legal - the year of the agreement

Rupert ChoatBW

While one particular agreement dominated this year’s headlines, there was plenty on offer from other agreements

The negotiation of the withdrawal agreement between the UK and the EU monopolised the news in 2018. However, it was other agreements that provided most to the world of construction law. They gave us four notable court judgments on contract law.

First, Rock vs MWB dealt with “no oral modification” clauses, which require amendments to contracts to be made in writing. It was argued that orally agreed amendments supersede such clauses, making them ineffective. The Supreme Court rejected that argument, deciding that the clauses do render orally agreed amendments invalid. A party might nevertheless, in rare cases, be prevented from relying upon such a clause if it unequivocally represents that an amendment is valid despite being orally agreed. However, something more than just the mere agreement would be needed. 

There was the prospect this year of new legislation on the Construction Act and retentions, but It seems the government was too preoccupied with Brexit

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