Multiplex Constructions (UK) Ltd v Honeywell Control Systems Ltd (No. 2) [2007] EWHC 447 (TCC) (06 March 2007)

Multiplex Constructions (UK) Ltd v Honeywell Control Systems Ltd (No. 2) [2007] EWHC 447 (TCC) (06 March 2007)

Directions issued by Multiplex under clause 4.2, which constitute variations and cause delay, are acts of prevention within the meaning of clause 11.10.7. However, such acts do not set time at large because clause 11 provides a mechanism for extension of time in respect of those events. The extension of time machinery remains operable, and time is not at large. Multiplex is entitled to the declarations sought on the construction point.

Citation
[2007] EWHC 447 (TCC)
Parties
Claimant: Multiplex Constructions (UK) Limited; Defendant: Honeywell Control Systems Limited
Jurisdiction
England and Wales
Judgment Date
06 March 2007
Procedural Posture
Claim for Declarations (construction Dispute) / High Court (technology & Construction Court) Judgment
Outcome
Declarations granted in favour of Multiplex; time not at large under the sub-contract.
Legal Topics
Extension of Time, Prevention Principle, Time at Large, Construction Contracts, Sub Contractor Obligations, Programming and Delay
Construction Law Contract Law Extension of Time Prevention Principle Time at Large Construction Contracts Sub Contractor Obligations Programming and Delay

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 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Multiplex Constructions (UK) Limited

Claimant

Honeywell Control Systems Limited

Defendant

Procedural Posture

Claim for Declarations (construction Dispute) / High Court (technology & Construction Court) Judgment

Legal Issues

  1. 1 Whether time has been set at large under the sub-contract due to directions issued under clause 4.2; Whether the extension of time mechanism in clause 11 is operable; Whether Multiplex's conduct made the extension of time machinery inoperable; Whether failure to comply with condition precedent in clause 11.1.3 puts time at large; Effect of the settlement agreement between Multiplex and WNSL on time for completion.

Ratio Decidendi

Directions issued by Multiplex under clause 4.2, which constitute variations and cause delay, are acts of prevention within the meaning of clause 11.10.7. However, such acts do not set time at large because clause 11 provides a mechanism for extension of time in respect of those events. The extension of time machinery remains operable, and time is not at large. Multiplex is entitled to the declarations sought on the construction point.

Court Disposition

Declarations granted in favour of Multiplex; time not at large under the sub-contract.

Orders

  • It is declared that clause 11 provides a mechanism for extending the period for completion in respect of delay caused by instructions under clause 4.2.
  • It is declared that directions under clause 4.2 do not render time at large.