Multiplex Construction Europe Limited v Bathgate Realisations Civil Engineering Limited & Ors

Multiplex Construction Europe Limited v Bathgate Realisations Civil Engineering Limited & Ors

RNP did not owe Multiplex any duty of care or provide warranties in respect of the Category 3 Design Check Certificates. The contractual structure allocated responsibility to Dunne, and there was no direct contractual relationship or assumption of responsibility by RNP to Multiplex. Imposing such a duty would be inconsistent with the contractual framework and not fair, just, or reasonable.

Parties
Claimant: Multiplex Construction Europe Limited; First Defendant: Bathgate Realisations Civil Engineering Limited (formerly known as Dunne Building and Civil Engineering Limited) (In administration); Second Defendant: BRM Construction LLC; Third Defendant: Argo Global Syndicate 1200
Jurisdiction
England and Wales
Judgment Date
16 March 2021
Procedural Posture
Civil / Judgment on Preliminary Issues
Outcome
Claim against Argo (RNP's insurer) for direct duty of care and warranties fails.
Legal Topics
Duty of Care, Negligent Misstatement, Assumption of Responsibility, Collateral Warranties, Third Party Rights, Contract Formation
Construction Law Tort Law Contract Law Duty of Care Negligent Misstatement Assumption of Responsibility Collateral Warranties Third Party Rights +1 more

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Parties

Multiplex Construction Europe Limited

Claimant

Bathgate Realisations Civil Engineering Limited (formerly known as Dunne Building and Civil Engineering Limited) (In administration)

First Defendant

BRM Construction LLC

Second Defendant

Argo Global Syndicate 1200

Third Defendant

Procedural Posture

Civil / Judgment on Preliminary Issues

Legal Issues

  1. 1 Did RNP owe any duties and/or obligations to Multiplex in respect of the Category 3 Design Check Certificates?
  2. 2 Did RNP provide warranties to Multiplex?

Ratio Decidendi

RNP did not owe Multiplex any duty of care or provide warranties in respect of the Category 3 Design Check Certificates. The contractual structure allocated responsibility to Dunne, and there was no direct contractual relationship or assumption of responsibility by RNP to Multiplex. Imposing such a duty would be inconsistent with the contractual framework and not fair, just, or reasonable.

Court Disposition

Claim against Argo (RNP's insurer) for direct duty of care and warranties fails.

Orders

  • Answers to preliminary issues: (1) No, (2) No.