North Midland Building Ltd v Cyden Homes Ltd: CA 30 Jul 2018

The court considered the validity of a clause in a building contract which provided that, where there was a delay caused by an event for which the contractor was responsible, and that delay was concurrent with a delay for which the employer was responsible, such concurrent delay would not be taken into account when calculating any extension of time to the contract completion date. It was the appellant contractor’s case that this clause was contrary to what has come to be known as ‘the prevention principle’ and therefore ineffective.

Citations:

[2018[ EWCA Civ 1744

Links:

Bailii

Jurisdiction:

England and Wales

Construction, Contract

Updated: 25 April 2022; Ref: scu.620472