header-logo header-logo

Construction

09 October 2008
Issue: 7340 / Categories: Case law , Law digest , Property
printer mail-detail

Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd (No. 6) [2008] EWHC 2220 (TCC), [2008] All ER (D) 04 (Oct)

In construction litigation, an engineer who is giving factual evidence may also proffer:

(i) statements of opinion which are reasonably related to the facts within his knowledge; and

(ii) relevant comments based upon his own experience. If a contractor (D) repudiates at a time when the employer has resolved to remove certain of D’s obligations and has already engaged another contractor to perform those obligations, the court, in assessing damages, should disregard D’s failure to perform those particular obligations. That proposition must apply both as between employer and main contractor and as between main contractor and subcontractor.

The Technology and Construction Court exists to provide a dispute resolution service to the business community and pre-eminently to the construction industry. In many cases, both parties are members of the construction industry and have a dispute about a final account and usually a cross claim for damages. The normal and sensible way of resolving such matters is for the court to decide questions of principle and for the parties then to sort out the financial consequences.

Once the court has decided questions of principle, the parties can save themselves and their shareholders many millions of pounds by instructing their advisers to agree reasonable figures for quantum. If one party is not prepared to negotiate, then the other party can protect its position by making a timely and realistic offer under Pt 36.

The court’s decision on preliminary issues should be used by both parties as a basis for sensible discussion. It should not, however, be used as a platform from which the victor on the preliminary issues launches new and ill thought out claims in order to transform its case on quantum.
 

Issue: 7340 / Categories: Case law , Law digest , Property
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll