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Excluding liability for “fundamental, deliberate, or wilful” breaches of contract

Building Law Monthly

Excluding liability for “fundamental, deliberate, or wilful” breaches of contract

In Mott Macdonald Ltd v Trant Engineering Ltd [2021] 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.

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