Legal: A contract means what it says

Robert akenhead bw 2017

Robert Akenhead explains how a literal interpretation of wording sent a contractor’s argument off the rails in a case on disallowed costs

While lawyers might be tempted to groan every time another authority is added to the mass of judicial guidance on the interpretation of provisions in a contract, decisions that consider the meaning of commonly used or well-known provisions are to be welcomed by practitioners and the industry alike. Such a decision has recently been handed down by Joanna Smith QC, sitting as a deputy judge in the Technology and Construction Court in the case of Network Rail Infrastructure vs ABC Electrification Ltd [2019] EWHC 1769 (TCC). 

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