Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd & Anor

Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd & Anor

The fabrication and supply of all temporary roof steelwork was omitted from Cleveland Bridge's subcontract works by Clauses 3.1 and Schedule 3 of the Supplemental Agreement, but the design and fabrication drawings for that work remained Cleveland Bridge's responsibility as part of their remaining works under the lump sum. The phrase 'Temp Works – Roof Props' referred to all temporary works for the roof, not just the toblerones.

Parties
Appellant: Multiplex Constructions (UK) Limited; Respondent: Cleveland Bridge UK Limited; Respondent: Cleveland Bridge Dorman Long Engineering Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2007
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Technology and Construction Court
Outcome
Appeal allowed in part
Legal Topics
Interpretation of Construction Contracts, Damages for Repudiatory Breach, Scope of Subcontractor Obligations, Variation and Omission of Works
Construction Law Contract Law Interpretation of Construction Contracts Damages for Repudiatory Breach Scope of Subcontractor Obligations Variation and Omission of Works

Case Brief

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Parties

Multiplex Constructions (UK) Limited

Appellant

Cleveland Bridge UK Limited

Respondent

Cleveland Bridge Dorman Long Engineering Limited

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Technology and Construction Court

Legal Issues

  1. 1 Whether 'Temp Works – Roof Props' in the Supplemental Agreement referred to all temporary works for the roof or only to specific items (toblerones)
  2. 2 Whether design, drafting, and fabrication of temporary roof works fell within the lump sum or cost reimbursable elements of the contract
  3. 3 Whether the fabrication and supply of temporary roof steelwork was omitted from Cleveland Bridge's subcontract works

Ratio Decidendi

The fabrication and supply of all temporary roof steelwork was omitted from Cleveland Bridge's subcontract works by Clauses 3.1 and Schedule 3 of the Supplemental Agreement, but the design and fabrication drawings for that work remained Cleveland Bridge's responsibility as part of their remaining works under the lump sum. The phrase 'Temp Works – Roof Props' referred to all temporary works for the roof, not just the toblerones.

Court Disposition

Appeal allowed in part

Orders

  • It is declared that the fabrication and supply of all temporary roof steelwork was omitted from Cleveland Bridge's subcontract works; design and fabrication drawings for that work remained Cleveland Bridge's responsibility under the lump sum.