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Mark Breslin


CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
United Kingdom
Languages English

Mark Breslin is a Partner in the ICE Disputes team.

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  • 2013 – MSc, Construction Law & Disputes, King’s College, London
  • 2006 – LPC, University of the West of England
  • 2004 – BA (Hons), Law & Accounting, The University of Manchester, Manchester
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To decide or not to decide: burden of proof findings and subsequent adjudications
A recent decision of the Scottish Court of Session has considered whether the failure to prove a delay damages claim in one adjudication prevented the claimant from renewing the claim in a subsequent...
TCC upholds exclusion of liability for fraudulent breaches of contract
A recent TCC decision has decided that a generally worded exclusion clause was sufficient to exclude liability for fraudulent breaches of contract committed by a party’s employees or the party itself...
Do generally worded exclusion clauses cover repudiatory breaches?
A recent decision of the Technology and Construction Court has decided that a broadly worded exclusion clause was sufficient to exclude liability for deliberate repudiatory breaches of contract. In reaching...
Serial adjudications: the Court of Appeal provides clarity
A recent Court of Appeal judgment has overturned a TCC decision as to whether an adjudicator was bound by a previous adjudication decision as to the existence of Relevant Events justifying an extension...
Waiver and estoppel in interim payment disputes
A recent Court of Appeal decision is the first to consider waiver and estoppel arguments in the context of an interim payment application under a construction contract. The case concerned whether an interim...
Are final account negotiations covered by “without prejudice” privilege?
A recent decision of the Privy Council, made up of members of the UK’s highest court, has considered the application of “without prejudice” privilege to final account negotiations under a construction...
Final payments on termination and insolvency: does the Construction Act...
A recent High Court decision has decided that the payment provisions of the Construction Act do not apply to the final account provisions of the JCT Minor Works contract arising on termination or insolvency...
Deemed design liability in consultant appointments
A recent Scottish Court of Session decision has considered the interpretation of deemed design liability clauses in consultant appointments. The consultant in question was found to be liable for designs...
Contract assessment – Risks and opportunities
Over the past 6 months, many businesses have been forced to assess their contractual rights, obligations, and associated risks as a result of COVID-19. Some of these risks are obvious, for example, the...
Established and ascertained under the ABI form of bond: will an adjudication...
A recent TCC decision has considered the meaning of the standard requirement in the ABI form of Guarantee Bond for damages to be “established and ascertained … taking in account all sums due to or...
Target cost contracting and joint venture agreements
A recent TCC decision has considered the target cost provisions of the NEC3 Option C contract in the context of a joint venture agreement between two contractors. The decision considers the ability of...
Withholding payment: the legal implications of pushing contractors into...
A recent TCC decision highlights the dangers of withholding payment against contractors with a view to pushing them into insolvency. The court allowed the recovery of insolvency professional fees as well...