Computer and Systems Engineering plc v John Lelliott (Ilford) Limited and another
Computer and Systems Engineering plc v John Lelliott (Ilford) Limited and another
- 1991
- Construction Industry Law Letter 1991 CILL 673-675(3) .
CA 5 December 1990. A company C employed another company J to carry out alteration and fitting out works for them. The main contract was JCT 1980 Private edition without quantities . Part of the work involved installing 140 steel purlins in and the work was subcontracted to S under a similar contract. During the work a purlin fell breaking a pipe forming part of the fire protection sprinkler system . This discharged 1,600 gallons of water which seeped through the floor onto C`s property stored below causing £164,000 of damage. C claimed damages and interest from J and S. It was claimed this loss arose from a peril which under JCT 1980 clause 22C of the main contract was C`s sole risk. However the judge held that the event in question was not a clause 22 peril. S appealed, this was dismissed as the event did not constitute a ` flood ` or `bursting and overflowing` within the meaning of the clause.
ALTERATIONS
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
BURST PIPES
CASE PLC
CLAIMS
CLAUSE 22 PERILS
FLOODING
LAW CASE
SUBCONTRACTORS
CA 5 December 1990. A company C employed another company J to carry out alteration and fitting out works for them. The main contract was JCT 1980 Private edition without quantities . Part of the work involved installing 140 steel purlins in and the work was subcontracted to S under a similar contract. During the work a purlin fell breaking a pipe forming part of the fire protection sprinkler system . This discharged 1,600 gallons of water which seeped through the floor onto C`s property stored below causing £164,000 of damage. C claimed damages and interest from J and S. It was claimed this loss arose from a peril which under JCT 1980 clause 22C of the main contract was C`s sole risk. However the judge held that the event in question was not a clause 22 peril. S appealed, this was dismissed as the event did not constitute a ` flood ` or `bursting and overflowing` within the meaning of the clause.
ALTERATIONS
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
BURST PIPES
CASE PLC
CLAIMS
CLAUSE 22 PERILS
FLOODING
LAW CASE
SUBCONTRACTORS