Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd (No. 2)

Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd (No. 2)

Design, drafting, and fabrication of roof temporary works fell outside the £12 million lump sum and within the cost plus arrangement under the Supplemental Agreement. The phrase 'temp works - roof props' in Schedule 3 Part A referred to all roof temporary works, not just modifications to arch turning struts. Payment responsibility for roof temporary works was off-loaded onto Multiplex.

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 / Judgment on Preliminary Issue 11
Outcome
CB succeeds on preliminary issue 11; Multiplex is responsible for payment of roof temporary works under the Supplemental Agreement.
Legal Topics
Interpretation of Contract Terms, Allocation of Responsibility for Temporary Works, Payment Obligations Under Supplemental Agreement
Contract Law Construction Law Interpretation of Contract Terms Allocation of Responsibility for Temporary Works Payment Obligations Under Supplemental Agreement

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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 / Judgment on Preliminary Issue 11

Legal Issues

  1. 1 Whether design, drafting, and fabrication of roof temporary works fell within lump sum or cost plus scope under Supplemental Agreement
  2. 2 Interpretation of 'temp works - roof props' in Schedule 3 Part A
  3. 3 Allocation of payment responsibility for roof temporary works

Ratio Decidendi

Design, drafting, and fabrication of roof temporary works fell outside the £12 million lump sum and within the cost plus arrangement under the Supplemental Agreement. The phrase 'temp works - roof props' in Schedule 3 Part A referred to all roof temporary works, not just modifications to arch turning struts. Payment responsibility for roof temporary works was off-loaded onto Multiplex.

Court Disposition

CB succeeds on preliminary issue 11; Multiplex is responsible for payment of roof temporary works under the Supplemental Agreement.

Orders

  • Order to be drawn in terms indicated; counsel to agree precise wording.