Dr Matthew Bell
This is a recording of the presentation by Matthew Bell of his Hudson Prize paper for 2021, chaired by the Hon Mrs Justice Jefford DBE at the National Liberal Club in London on 10 May 2022. The paper considers how the law decides upon the appropriate measure of damages where there is a breach of contract resulting in defective construction work. Its focus is upon recent caselaw from the Australian state of South Australia offering a ‘menu’ of factors which can be taken into account in deciding whether it is reasonable that damages based upon the cost of rectification of the work be awarded. Matthew also discusses recent case examples from the UK, and the way in which the issue fits into the broader context of regulatory reform in construction procurement. At the conclusion of the presentation, colleagues in attendance in London offered a number of insightful questions which made for a stimulating discussion.
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