An employer has served a default notice to terminate a JCT Design & Build 2011 contract on the basis of the contractor's failure to proceed regularly and diligently with the performance of its obligations. If a new issue/ground for termination arises after service of the notice served specifying the default, can the employer use this new issue/ground in their argument for termination?

Abdul Jinadu was called to the Bar in 1995 and has been a practising barrister in Keating Chambers since 1996, specialising in construction, engineering and energy disputes, and domestic and international arbitration. His practice covers a wide spectrum of advisory work, drafting and advocacy, related to standard form and bespoke contracts; contractors’, sub-contractors’ and employers’ claims; and professional negligence claims (architects, engineers, surveyors and valuers). He has acted for the full spectrum of clients, including construction and engineering companies, government organisations, corporations, public utilities, local authorities, consultancies, architects and engineers. He has extensive experience in the Court of Appeal, appearing there without the benefit of leading counsel.

He has extensive experience of a wide range of disputes and advisory work relating to infrastructure projects. Significant cases have involved oil and gas facilities, pharmaceutical plants, hospitals, mining, marine construction and major projects at Canary Wharf, as well as local authority cases and other major construction projects.