Recent case law on contractual disputes: Practical tips and advice for surveyors when managing a dispute

Abstract

In this paper, the author considers what surveyors can learn from a selection of cases from the Technology and Construction Court over the past 12 months and concludes that the message from the Court is clear: a little time and care at the start of an endeavour should save time and money in the long run. The last 12 months have produced several cases from which a clear theme can be drawn: diligence at the start of an endeavour, be it at the start of a construction project, the start of proceedings or the start of an adjudication, can yield great benefits in the long run. It quite literally pays to plan ahead for the worst, while, of course, hoping for the best. This paper will consider these cases and the lessons that can be taken from them and should be of assistance to surveyors when they are contemplating or managing a dispute.