Multiplex Construction Europe Ltd v Bathgate Realisations Civil Engineering Ltd & Ors [2021] EWHC 590 (TCC) (16 March 2021)

Multiplex Construction Europe Ltd v Bathgate Realisations Civil Engineering Ltd & Ors [2021] EWHC 590 (TCC) (16 March 2021)

The court held that the contract was validly terminated and the claimant was entitled to liquidated damages and sums due under the contract, based on the proper interpretation of the contractual terms and the binding effect of adjudication decisions.

Citation
[2021] EWHC 590 (TCC)
Parties
Claimant: Multiplex Construction Europe Ltd; Defendant: Bathgate Realisations Civil Engineering Ltd; Defendant: Ors
Jurisdiction
England and Wales
Judgment Date
16 March 2021
Procedural Posture
Construction Dispute / Judgment
Outcome
judgment for claimant
Legal Topics
Termination of Contract, Liquidated Damages, Payment Provisions, Adjudication
Construction Law Contract Law Termination of Contract Liquidated Damages Payment Provisions Adjudication

Case Brief

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Parties

Multiplex Construction Europe Ltd

Claimant

Bathgate Realisations Civil Engineering Ltd

Defendant

Ors

Defendant

Procedural Posture

Construction Dispute / Judgment

Legal Issues

  1. 1 whether the contract was validly terminated
  2. 2 entitlement to liquidated damages
  3. 3 proper interpretation of payment provisions

Ratio Decidendi

The court held that the contract was validly terminated and the claimant was entitled to liquidated damages and sums due under the contract, based on the proper interpretation of the contractual terms and the binding effect of adjudication decisions.

Court Disposition

judgment for claimant

Orders

  • defendants to pay liquidated damages
  • defendants to pay sums due under the contract