The prevention principle


Produced in partnership with Tim James Seal
Practice notes

The prevention principle


Produced in partnership with Tim James Seal

Practice notes
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This Practice Note considers the meaning and nature of the prevention principle and its relevance to delay claims in construction projects. It also considers the application of the principle to notification provisions and to concurrent delay.

The meaning and nature of the prevention principle

At its simplest, the meaning of the prevention principle in English law is that a party cannot benefit from its own wrong—ie a party cannot benefit from its own breach or act of prevention.

In a construction context, the words of Jackson J (as he then was) in Multiplex v Honeywell are a helpful starting point on the meaning of the principle:

'….the essence of the prevention principle is that the promisee cannot insist upon the performance of an obligation which he has prevented the promisor from performing'

Some guidance as to the nature of the prevention principle was provided by the Court of Appeal in North Midland v Cyden, in which the court had to consider whether the principle rendered inoperable a clause allocating the risk of concurrent delay to the contractor

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Prevention principle definition
What does Prevention principle mean?

The principle that a party cannot benefit from its own breach or act of prevention. In a construction context, it is particularly relevant to delay in that an employer cannot recover liquidated damages if it has prevented the contractor from completing on time.

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