Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd (No. 2) [2007] EWHC 145 (TCC) (31 January 2007)

Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd (No. 2) [2007] EWHC 145 (TCC) (31 January 2007)

The design and fabrication of all roof temporary works (including those undertaken by Hollandia) were excluded from the £12 million lump sum and fell within the cost-plus arrangement under the Supplemental Agreement, as evidenced by the inclusion of 'temp works - roof props' in Schedule 3 Part A and the contemporaneous schedules. Multiplex is not entitled to claim as damages the costs incurred in procuring these works from Hollandia.

Citation
[2007] EWHC 145 (TCC)
Parties
Claimant/part 20 Defendant: Multiplex Constructions (UK) Limited; First Defendant/part 20 Claimant: Cleveland Bridge UK Limited; Second Defendant: Cleveland Bridge Dorman Long Engineering Limited
Jurisdiction
England and Wales
Judgment Date
31 January 2007
Procedural Posture
Commercial Construction Dispute (preliminary Issue) / Judgment on 11th Preliminary Issue After Trial
Outcome
Claim on preliminary issue dismissed; costs of roof temporary works not recoverable as damages by Multiplex.
Legal Topics
Interpretation of Construction Contracts, Scope of Subcontractor Obligations, Allocation of Costs for Temporary Works, Damages for Repudiation, Variation and Supplemental Agreements
Construction Law Contract Law Interpretation of Construction Contracts Scope of Subcontractor Obligations Allocation of Costs for Temporary Works Damages for Repudiation Variation and Supplemental Agreements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Multiplex Constructions (UK) Limited

Claimant/part 20 Defendant

Cleveland Bridge UK Limited

First Defendant/part 20 Claimant

Cleveland Bridge Dorman Long Engineering Limited

Second Defendant

Procedural Posture

Commercial Construction Dispute (preliminary Issue) / Judgment on 11th Preliminary Issue After Trial

Legal Issues

  1. 1 Whether the design and fabrication of temporary works for the stadium roof fell within the lump sum or cost-plus elements of the Supplemental Agreement post-15 February 2004
  2. 2 Whether 'temp works - roof props' in Schedule 3 Part A of the Supplemental Agreement included all roof temporary works or only modifications to arch lift turning struts
  3. 3 Whether Multiplex can claim damages for costs incurred in procuring temporary works from Hollandia

Ratio Decidendi

The design and fabrication of all roof temporary works (including those undertaken by Hollandia) were excluded from the £12 million lump sum and fell within the cost-plus arrangement under the Supplemental Agreement, as evidenced by the inclusion of 'temp works - roof props' in Schedule 3 Part A and the contemporaneous schedules. Multiplex is not entitled to claim as damages the costs incurred in procuring these works from Hollandia.

Court Disposition

Claim on preliminary issue dismissed; costs of roof temporary works not recoverable as damages by Multiplex.

Orders

  • It is declared that the design and fabrication of roof temporary works post-15 February 2004 were not within the £12 million lump sum but were subject to cost-plus reimbursement under the Supplemental Agreement.
  • Multiplex's claim for damages in respect of costs incurred for roof temporary works is dismissed.