Birse Construction Ltd v Haiste Ltd and others
Birse Construction Ltd v Haiste Ltd and others
- 1995
- Construction Industry Law Letter (1995) CILL 1034-35(2) .
ORB, 30 March 1995. Anglian Water Authority (A) employed Birse to build a reservoir pursuant to a Design and Build contract. The engineer named in the contract was an employee of A, Mr Newton. Birse engaged Haiste as sub-contractors. The reservoir leaked. Birse agreed to build a new reservoir and sued Haiste for damages. Haiste sought a contribution from Mr Newton. Court asked to determine, under Order 14A, whether any liability of Mr Newton to A could be a liability in respect of the same damage as the liability of Haiste to Birse, within the meaning of the Civil Liability (Contribution) Act 1978.
ANGLIAN WATER
BIRSE CONSTRUCTION LTD V HAISTE LTD AND OTHERS
CIVIL LIABILITY (CONTRIBUTION) ACT 1978
DESIGN AND BUILD CONTRACT
LIABILITY
RESERVOIRS
ORB, 30 March 1995. Anglian Water Authority (A) employed Birse to build a reservoir pursuant to a Design and Build contract. The engineer named in the contract was an employee of A, Mr Newton. Birse engaged Haiste as sub-contractors. The reservoir leaked. Birse agreed to build a new reservoir and sued Haiste for damages. Haiste sought a contribution from Mr Newton. Court asked to determine, under Order 14A, whether any liability of Mr Newton to A could be a liability in respect of the same damage as the liability of Haiste to Birse, within the meaning of the Civil Liability (Contribution) Act 1978.
ANGLIAN WATER
BIRSE CONSTRUCTION LTD V HAISTE LTD AND OTHERS
CIVIL LIABILITY (CONTRIBUTION) ACT 1978
DESIGN AND BUILD CONTRACT
LIABILITY
RESERVOIRS