Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd and Cleveland Bridge Dorman Long Engineering Ltd (Record no. 77277)

MARC details
000 -LEADER
fixed length control field 02378cab a2200205 4500
001 - CONTROL NUMBER
control field ##L133948
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 060622n2006 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u133948
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd and Cleveland Bridge Dorman Long Engineering Ltd
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2006
520 ## - SUMMARY, ETC.
Summary, etc. [2006] EWHC 1341 (TCC), 5 June 2006. The court was asked to determine a number of preliminary issues in connection with a steelwork construction sub-contract at the new Wembley National Stadium, where M was the main contractor and C the steelwork sub-contractor. These issues included the extent of the parties obligations under the heads of agreement and supplemental agreement, the extent of the parties agreement as to the correct valuation, M's entitlement to an abatement in respect of defective work, and whether M or C had been entitled to repudiate the sub-contract. "Held": the supplemental agreement had retrospective effect. There was no implied term that C would expedite the work with the diligence and expedition reasonably required to meet the programme dates, although, so far as certain activities were concerned, the heads of agreement obliged it to complete the work in accordance with a projected programme. On the evidence, the parties had agreed to a figure that M was prepared to pay in its valuation certificates, but not a final valuation; M's refusal to make further payments was not a repudiatory breach of contract as it had referred the dispute to adjudication, so C was not entitled to treat the sub-contract as at an end, and was itself in breach by stopping work. M's claim for overheads, insurance and alleged defects could not form part of a claim for diminution in value; so far as the claim for defective design work was concerned, the defence of abatement was not available, and M's only remedy was a claim for damages for professional negligence.
520 ## - SUMMARY, ETC.
Summary, etc. See also L145611 and L145615
590 ## - LOCAL NOTE (RLIN)
Local note IKA040706 NTK
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MULTIPLEX CONSTRUCTIONS (UK) LTD V CLEVELAND BRIDGE UK LTD AND ANOTHER
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
856 41 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/TCC/2006/1341.html">https://www.bailii.org/ew/cases/EWHC/TCC/2006/1341.html</a>
Public note View the item free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
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    Dewey Decimal Classification     Virtual Virtual Online 23/06/2006   ONLINE PUBLICATION 133948-1001 06/08/2019 1 06/08/2019 Journal article