Multiplex Constructions (UK) Ltd v Honeywell Control Systems Ltd (No. 2)

Multiplex Constructions (UK) Ltd v Honeywell Control Systems Ltd (No. 2)

Time was not set at large under the sub-contract. Directions issued under clause 4.2, if constituting acts of prevention, are relevant events entitling Honeywell to extensions of time under clause 11. The extension of time machinery remains effective and operational. Failure to comply with notice requirements does not set time at large. The settlement agreement between Multiplex and WNSL does not set time at large or deprive Honeywell of its rights under the sub-contract.

Parties
Claimant: Multiplex Constructions (UK) Limited; Defendant: Honeywell Control Systems Limited
Jurisdiction
England and Wales
Judgment Date
06 March 2007
Procedural Posture
Civil (construction Dispute) / Judgment After Trial at First Instance
Outcome
Declarations granted in favour of Multiplex; Honeywell's counterclaim dismissed; Permission to appeal refused.
Legal Topics
Extension of Time, Prevention Principle, Liquidated Damages, Sub Contractor Rights, Variation Orders
Construction Law Contract Law Extension of Time Prevention Principle Liquidated Damages Sub Contractor Rights Variation Orders

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Parties

Multiplex Constructions (UK) Limited

Claimant

Honeywell Control Systems Limited

Defendant

Procedural Posture

Civil (construction Dispute) / Judgment After Trial at First Instance

Legal Issues

  1. 1 Whether time was set at large under the sub-contract between Multiplex and Honeywell for the Wembley Stadium project
  2. 2 Whether directions issued under clause 4.2 constituted acts of prevention entitling Honeywell to extensions of time
  3. 3 Whether the extension of time machinery under clause 11 was inoperable due to Multiplex's conduct

Ratio Decidendi

Time was not set at large under the sub-contract. Directions issued under clause 4.2, if constituting acts of prevention, are relevant events entitling Honeywell to extensions of time under clause 11. The extension of time machinery remains effective and operational. Failure to comply with notice requirements does not set time at large. The settlement agreement between Multiplex and WNSL does not set time at large or deprive Honeywell of its rights under the sub-contract.

Court Disposition

Declarations granted in favour of Multiplex; Honeywell's counterclaim dismissed; Permission to appeal refused.

Orders

  • Declarations to be agreed as to the construction point in favour of Multiplex
  • Honeywell's counterclaim for declarations dismissed