Honeywell Control Systems Ltd. v Multiplex Constructions (UK) Ltd. [2007] EWHC 390 (TCC) (27 February 2007)

Honeywell Control Systems Ltd. v Multiplex Constructions (UK) Ltd. [2007] EWHC 390 (TCC) (27 February 2007)

The inspection clause in Part 1 of the Appendix is an operative provision of the sub-contract, conferring a continuing right on Honeywell to inspect the main contract as varied, including those parts of the Settlement Agreement that vary the main contract. However, the right does not extend to taking copies, only to inspection at the contractor's offices. Honeywell is entitled to specific performance of this right, limited to a redacted version of the Settlement Agreement.

Citation
[2007] EWHC 390 (TCC)
Parties
Claimant: Honeywell Control Systems Limited; Defendant: Multiplex Constructions (UK) Limited
Jurisdiction
England and Wales
Judgment Date
27 February 2007
Procedural Posture
Claim for Declarations and Specific Performance or Injunction (cpr Part 8) / Judgment After Trial of Preliminary Issues
Outcome
Claim allowed in part
Legal Topics
Right to Inspect Contract Documents, Variation of Contract, Specific Performance, Confidentiality in Construction Contracts
Construction Law Contract Law Right to Inspect Contract Documents Variation of Contract Specific Performance Confidentiality in Construction Contracts

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Parties

Honeywell Control Systems Limited

Claimant

Multiplex Constructions (UK) Limited

Defendant

Procedural Posture

Claim for Declarations and Specific Performance or Injunction (cpr Part 8) / Judgment After Trial of Preliminary Issues

Legal Issues

  1. 1 Does Honeywell have a continuing contractual right to inspect the main contract?
  2. 2 Does that right extend to the Settlement Agreement?
  3. 3 Is Honeywell entitled to obtain copies of the Settlement Agreement?

Ratio Decidendi

The inspection clause in Part 1 of the Appendix is an operative provision of the sub-contract, conferring a continuing right on Honeywell to inspect the main contract as varied, including those parts of the Settlement Agreement that vary the main contract. However, the right does not extend to taking copies, only to inspection at the contractor's offices. Honeywell is entitled to specific performance of this right, limited to a redacted version of the Settlement Agreement.

Court Disposition

Claim allowed in part

Orders

  • Declarations granted that Honeywell has a continuing right to inspect the main contract and those parts of the Settlement Agreement that vary it, but not to take copies.
  • Order for specific performance requiring Multiplex to permit Honeywell to view a redacted version of the Settlement Agreement at Multiplex's offices.