Multiplex has accused former Wembley steel subcontractor Cleveland Bridge of delaying the progress of its damages claim, amid continued concerns over CBUK’s solvency
In a High Court appearance this week, Multiplex attacked CBUK for failing to respond to documents relating to its claim. Multiplex won a court battle between the two this summer.
Roger Stewart, Multiplex’s counsel, told the court: “The defendant is seeking to do anything it can to postpone the dreadful day when judgment comes back upon it. Frankly, this is not the way to conduct litigation in the High Court.”
Multiplex has told CBUK it would accept a sum of £5.99m out of court to settle the damages claims, which are capped at £6m. However, it is understood that CBUK wants to fight the matter in court.
A resolution of the damages issue would leave the parties to settle a second dispute on the valuation of CBUK’s works up to February 2004.
Multiplex paid its steel contractor £32.66m for the work, but successfully argued in court that this was provisional, and could be adjusted by a later valuation. Multiplex is aiming to recover £7m from this element of the dispute.
Stewart said that Multiplex wanted its payment as a matter of urgency as it had “solvency concerns” about CBUK.
CBUK said it had not deliberately delayed its response, but it had been constrained by a lack of resources to deal with the claim, which it said had altered since previous hearings.