Building Law Monthly
Excluding liability for “fundamental, deliberate, or wilful” breaches of contract
Mott Macdonald Ltd v Trant Engineering Ltd  EWHC 954 (TCC) His Honour Judge Eyre QC held that an exclusion clause in a contract was applicable to breaches of
contract which were “fundamental, deliberate, or wilful”. In so concluding, he affirmed that there is no rule of law which
precludes an exclusion clause from extending to breaches of this nature. In all cases, it is a question of interpretation
of the particular exclusion clause and in the present case the words used by the parties were held to be wide enough to encompass
the breaches which it was alleged had been committed.