Multiplex Constructions (UK) Ltd v Honeywell Control Systems Ltd
Citation: BLR 195 TCC, [2007] Bus LR D109, [2007] CILL 2458, [2007] EWHC 447 (TCC) and 111 Con LR 78
Nature of case:
This is an important decision on the prevention principle; directions causing delay could still constitute acts of prevention, even though legitimate exercises of the contractor’s powers (the case concerns a Wembley Stadium IT and communications sub-contract). It is also important regarding notices as conditions precedent and the so-called Gaymark principle, which Jackson J. doubted, despite some support from Keating 8th edition. A settlement agreement made by Multiplex with the client had not had the effect of setting time at large under the sub-contract.
