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.

Link To Judgment 

Counsel

David Thomas QC
Marc Rowlands QC

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