North Midland Building Ltd v Cyden Homes Ltd [2017] EWHC 2414 (TCC) (02 October 2017)

North Midland Building Ltd v Cyden Homes Ltd [2017] EWHC 2414 (TCC) (02 October 2017)

The parties are free to agree how concurrent delay is to be treated. The amended clause 2.25.1.3(b) is clear: in cases of concurrent delay, delay caused by a Relevant Event concurrent with contractor-responsible delay is not to be taken into account for extension of time. The prevention principle does not apply, and time is not at large. Liquidated damages provisions remain operative.

Citation
[2017] EWHC 2414 (TCC)
Parties
Claimant: North Midland Building Limited; Defendant: Cyden Homes Limited
Jurisdiction
England and Wales
Judgment Date
02 October 2017
Procedural Posture
Part 8 Claim / Judgment After Hearing on Contractual Interpretation
Outcome
Claim dismissed
Legal Topics
Concurrent Delay, Extension of Time, Liquidated Damages, Prevention Principle, Contractual Interpretation
Construction Law Contract Law Concurrent Delay Extension of Time Liquidated Damages Prevention Principle Contractual Interpretation

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Parties

North Midland Building Limited

Claimant

Cyden Homes Limited

Defendant

Procedural Posture

Part 8 Claim / Judgment After Hearing on Contractual Interpretation

Legal Issues

  1. 1 Whether clause 2.25.1.3(b) of the amended JCT contract makes time at large in cases of concurrent delay for which the contractor is partly responsible
  2. 2 Whether liquidated damages provisions become void in such circumstances

Ratio Decidendi

The parties are free to agree how concurrent delay is to be treated. The amended clause 2.25.1.3(b) is clear: in cases of concurrent delay, delay caused by a Relevant Event concurrent with contractor-responsible delay is not to be taken into account for extension of time. The prevention principle does not apply, and time is not at large. Liquidated damages provisions remain operative.

Court Disposition

Claim dismissed

Orders

  • Declarations sought by the claimant refused