- Court considers meaning of ‘default’ in relation to disallowed costs (Network Rail v ABC Electrification)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Construction analysis: The Technology and Construction Court held that the word ‘default’ in a definition of ‘Disallowed Cost’ meant any failure by the contractor to comply with its obligations under the contract—it did not require the failure to be wilful and deliberate as contended by the contractor. The case concerns the ICE Conditions of Contract, Target Cost Version (1st edition) as amended by Network Rail’s standard amendments (NR12).
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