The Power to Omit: Avoiding Breach when Descoping Works

Introduction

When a project budget is squeezed, the first instinct is to ‘omit’ or ‘descope’ parts of the work. However, omitting work to give it to a cheaper contractor is one of the most common - and expensive - legal mistakes in construction.

This webinar clarifies the thin line between a valid ‘variation’ and a ‘breach of contract’. Drawing on recent TCC guidance, it will explain when an employer is entitled to reduce scope and what ‘loss of profit’ the contractor can legally claw back.

What You Will Learn

This webinar will cover the following:

• The Good Faith Obligation: Applying the Matière v ABM (2025) ruling to JV and scope disputes
• Omit to Give to Others: Why this is a breach unless specifically permitted (and how to draft for it)
• Valuation Tactics: Calculating the deduct fairly to avoid adjudication
• Partial Possession vs. Omission: Navigating the complex interface between taking back work and changing the scope

This pre-recorded webinar will be available to view from Thursday 10th September 2026

Alternatively, you can gain access to this webinar and 2,400+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.