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Standard Forms

Standard Forms

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In this episode, John Denis-Smith discusses his chapter on standard form contracts with Paul Darling QC, looking at developments in the law in respect of JCT and NEC forms and how it could continue to develop.

·  Cases showing the importance of completing the forms (Grove Developments Ltd v Balfour Beatty Regional Construction Ltd [2016] EWCA Civ 990; Mears Ltd v Shoreline Housing Partnership Ltd [2015] EWHC 1396 (TCC))

·  Cases such as concerning express obligations of ‘mutual trust and co-operation’ (Costain Ltd v Tarmac Holdings Ltd [2017] EWHC 319 (TCC))

·   Cases where the court’s interpretation of a provision is not quite what may have been intended, such as NEC compensation events (Northern Ireland Housing Executive v Healthy Buildings (Ireland) Ltd [2017] NIQB 43; Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd (No 3) [2018] EWHC 1577 (TCC), 178 Con LR 89

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