Siân Mirchandani KC and Seohyung Kim’s presentation to the Society of Construction Law and the Constructing Excellence Gloucestershire Club, delivered on 4th May 2022, has been published in the October 2022 edition of the SCL Journal.
The paper explores a scenario where an employer client seeks advice following a catastrophic fire, initially considering a multi-party breach of contract claim. As the facts unfold, a tortious duty of care claim becomes the only option. The paper discusses the challenges of pursuing tort claims in construction disputes, particularly where contract claims are barred, and examines key cases such as Avantage v WSP and Multiplex v Bathgate.
SCL members can read the article here.