MULTIPLEX CONSTRUCTION EUROPE LTD v BATHGATE REALISATIONS CIVIL ENGINEERING LTD AND OTHERS

[2021] EWHC 590, Technology and Construction Court, Fraser J, 16 March 2021

Contract – Subcontract – Whether engineering consultants owed duty of care to main contractors – Whether warranties given by consultants to main contractors

The case arose out of the construction of 100 Bishopsgate in London. The claimant was the main contractor on the project. The first defendant was a sub-contractor on the project which had entered into administration. The first defendant engaged RNP Associates Ltd (RNP), an independent design checker, to carry out independent category 3 checks on the works. Although RNP was in liquidation at the time of the hearing it did have insurance. The present case concerned the trial of two preliminary issues as they related to RNP.