Aberdeen Harbour Board v Heating Enterprises (Aberdeen) Limited and others
Aberdeen Harbour Board v Heating Enterprises (Aberdeen) Limited and others
- 1988
- Construction Law Journal 4(3) 1988, 195-200(6) .
Court of Session, Outer House 2 March 1988. On 10 October 1981 a fire broke out causing extensive damage to premises owned by pursuers (A). A claimed that the fire was caused by H`s employees negligent handling of blow torches. H denied this claiming that if they were liable they were entitled to be indemnified by the third party, a limited company who occupied part of the premises. The main contract, JCT Standard form of building contract 1963 ed clause 20 stated that the existing structures were to be the sole risk of the employer as regards loss or damage. It was held that the clause did not require the employer to insure against liability of the contractor or subcontractor arising out of the negligence . H was therefore solely responsible.
Insurance
Court of Session, Outer House 2 March 1988. On 10 October 1981 a fire broke out causing extensive damage to premises owned by pursuers (A). A claimed that the fire was caused by H`s employees negligent handling of blow torches. H denied this claiming that if they were liable they were entitled to be indemnified by the third party, a limited company who occupied part of the premises. The main contract, JCT Standard form of building contract 1963 ed clause 20 stated that the existing structures were to be the sole risk of the employer as regards loss or damage. It was held that the clause did not require the employer to insure against liability of the contractor or subcontractor arising out of the negligence . H was therefore solely responsible.
Insurance