Countering the cost: 2020, a remarkable year in construction law

By Rupert Choat2020-12-11T05:00:00

Rupert Choat reviews the year in construction law – one in which the pandemic made survival and damage limitation the priority for many

In late March, entering the first of two national lockdowns, the UK government decided against a shutdown of construction activity. It preferred work continuing where possible, with safeguards. Unfortunately, though, its less-than-clear guidelines fuelled disputes over when contracts provide relief to contractors and subcontractors.

Disputes over other contractual provisions continued as before. Four judgments had wide significance given the frequency with which terms similar to those under dispute are used in contracts. In 2 Entertain v Sony the Technology and Construction Court (TCC) reviewed the meaning of “indirect or consequential loss”, while in Blackpool vs Volkerfitzpatrick it commented on the meaning of “design life”.

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