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Contractual interpretation and termination: Misunderstanding of contract terms results in repudiatory breach (BNP Paribas Depository Services v Briggs & Forrester)

Published on: 03 December 2024

Table of contents

  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • The responsibility for any further refurbishment asbestos surveys (RASs) and asbestos removal works
  • Liability for structural strengthening works
  • Was B&F entitled to terminate the contract for the reasons given?
  • Case details

Article summary

Construction analysis: The Technology and Construction Court (TCC) granted declarations sought by an employer in relation to unlawful suspension and termination of a design and build contract and the contractor’s consequent repudiatory breach. The TCC held that suspension and termination notices served by the contractor, in relation to an alleged prevention of work by the employer by its failure to provide instructions in relation to asbestos removal work and structural repairs, were not valid.

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