Herbert Smith Freehills’ Tokyo office has written an article on the recent case of Network Rail Infrastructure Limited v ABC Electrification [2019] EWHC 1769 (TCC) in which the English Courts adopted the natural meaning of ‘default’ in the definition of ‘Disallowed Costs’ in a contract modelled on the ICE Conditions of Contract, Target Cost version. This strict interpretation was adopted despite the impact this had on the parties’ respective liability for cost overruns in a contract that is, otherwise, broadly intended to provide for shared pain/gain.

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Craig Shepherd
Craig Shepherd
Partner, Global Head of Contentious Construction & Infrastructure, Dubai
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David Gilmore
David Gilmore
Partner, Tokyo Managing Partner, Japan Head of Dispute Resolution, Tokyo
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Elaine Wong
Elaine Wong
Partner, Tokyo
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Christopher Hunt
Christopher Hunt
Partner, Tokyo
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Conal McFadyen
Conal McFadyen
Senior Associate, Tokyo
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Victoria Green
Victoria Green
Associate, Tokyo
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