Wilmot-Smith on Construction Contracts: The Podcast

In this episode, Paul Darling QC and Frederick Wilmot-Smith discuss Chapter 3: Restitution. The Chapter seeks to explain Restitution from First Principles. Paul and Fred discuss the recent developments which the Chapter captures and prospects for the next years. The discussion is wide-ranging, covers life at the Bar, as an academic and touches on being the son of the book's General Editor Richard Wilmot-Smith QC.

In this episode, Ruth Keating discusses Chapter 12 on damages with Paul Darling QC:

• The impact of the decisions of the Supreme Court in Morris Garner v One Step Support Limited and MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited and another.
• Recent developments in the law relating to damages and where the law on damages might be heading.

In this episode, John Denis-Smith discusses his chapter on litigation with Paul Darling QC, looking at developments in the law relating to TCC practice, covering discussion in particular in respect of:

·  Early Neutral Evaluation and Court Settlement Process mediation

·  Disclosure and the Disclosure Pilot Scheme (the DPS)

·  Experts

In this episode, Nicholas Higgs reviews the updates to Chapter 11: Time for Completion with Paul Darling QC and in particular the status of the penalty doctrine after Cavendish/Parking Eye, guidance on practical completion from Mears and the application of liquidated damages after termination following Triple Point. The latter case was before the Supreme Court in November 2020 and the judgment is eagerly anticipated for the updates to the fifth edition of the book.

N.B. This episode was recorded before the Supreme Court's judgment in Triple Point which has since been handed down

In this episode, John Denis-Smith discusses his chapter on standard form contracts with Paul Darling QC, looking at developments in the law in respect of JCT and NEC forms and how it could continue to develop.

·  Cases showing the importance of completing the forms (Grove Developments Ltd v Balfour Beatty Regional Construction Ltd [2016] EWCA Civ 990; Mears Ltd v Shoreline Housing Partnership Ltd [2015] EWHC 1396 (TCC))

·  Cases such as concerning express obligations of ‘mutual trust and co-operation’ (Costain Ltd v Tarmac Holdings Ltd [2017] EWHC 319 (TCC))

·   Cases where the court’s interpretation of a provision is not quite what may have been intended, such as NEC compensation events (Northern Ireland Housing Executive v Healthy Buildings (Ireland) Ltd [2017] NIQB 43; Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd (No 3) [2018] EWHC 1577 (TCC), 178 Con LR 89

In this episode, David Sawtell discusses his chapter on payment and certificates with Paul Darling QC:

• The impact of the decision of the Supreme Court in Braganza v BP Shipping Ltd [2015] UKSC 17, [2015] 4 All ER 639 on certificates and payment in construction projects.
• The historical changes and developments in the law relating to certificates, and how this affects construction payment today.
• The power generation ‘carve out’ from the Housing Grants, Construction and Regeneration Act 1996 and the extent to which this is sustainable in the future.

In this episode, Edwin Glasgow QC and Marion Smith QC discuss their chapter on ‘Mediation and Alternative Dispute Resolution’ with Paul Darling QC. Vivek Kapoor also joins the discussion as they look towards the future of mediation and ADR for international construction disputes.

In this episode, Jonathan Bellamy and Joe-han Ho discuss their chapter on exclusion and limitation clauses with Paul Darling QC, focusing on broad themes & trends in this area of law, namely:

• the modern interpretation of exclusion and limitation clauses generally
• clauses limiting liability to a fixed sum or percentage of the contract sum
• clauses excluding liability for consequential loss
• the fairness test for consumer contracts under the Consumer Rights Act 2015

In this episode, David Sawtell discusses his chapter on adjudication with Paul Darling QC, looking at developments in the law and how it could continue to develop.

• How the decisions in Grove Developments v S&T (UK) Ltd [2018] EWCA Civ 2448 and Bresco Electrical Services v Michael Lonsdale [2020] UKSC 25 show the state of the law relating to adjudication.
• The impact of fraud on adjudication.
• Nomination of adjudicators, and how this will become an issue in the years to come.