Honeywell Control Systems Ltd. v Multiplex Constructions (UK) Ltd.

Honeywell Control Systems Ltd. v Multiplex Constructions (UK) Ltd.

The right to inspect the main contract under the sub-contract is a continuing operative provision, not limited to pre-contract, and extends to those parts of the Settlement Agreement which vary the main contract. However, the right is limited to inspection at the contractor's offices and does not include a right to take or receive copies.

Parties
Claimant: Honeywell Control Systems Limited; Defendant: Multiplex Constructions (UK) Limited
Jurisdiction
England and Wales
Judgment Date
27 February 2007
Procedural Posture
Civil (construction Contract Dispute) / Judgment After Trial of Claim for Declarations and Specific Performance
Outcome
Claim allowed in part
Legal Topics
Right to Inspect Contract Documents, Variation of Contract, Specific Performance, Confidentiality
Contract Law Construction Law Right to Inspect Contract Documents Variation of Contract Specific Performance Confidentiality

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Parties

Honeywell Control Systems Limited

Claimant

Multiplex Constructions (UK) Limited

Defendant

Procedural Posture

Civil (construction Contract Dispute) / Judgment After Trial of Claim for Declarations and Specific Performance

Legal Issues

  1. 1 Does Honeywell have a continuing right to inspect the main contract under the sub-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 right to inspect the main contract under the sub-contract is a continuing operative provision, not limited to pre-contract, and extends to those parts of the Settlement Agreement which vary the main contract. However, the right is limited to inspection at the contractor's offices and does not include a right to take or receive copies.

Court Disposition

Claim allowed in part

Orders

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