Episode #3 - The times they are a-Changing - change of law clauses and agreements to agree

In the third episode of the CMS ICE Disputes Building Voices podcast series we consider the recent TCC case of Westminster City Council v Sports and Leisure Management Ltd. The case concerns the interpretation of a change in law clause and the meaning of the phrase “reasonably agreed between the parties”. During this podcast we discuss the Court’s decision and the implications of the decision on our construction clients – a key takeaway is that making a change of law clause parasitic on other ...

In the third episode of the CMS ICE Disputes Building Voices podcast series we consider the recent TCC case of Westminster City Council v Sports and Leisure Management Ltd. The case concerns the interpretation of a change in law clause and the meaning of the phrase “reasonably agreed between the parties”. During this podcast we discuss the Court’s decision and the implications of the decision on our construction clients – a key takeaway is that making a change of law clause parasitic on other provisions is likely to cause difficulties. The case also serves as a useful reminder for all parties to carefully review contracts with pandemic restrictions in mind.