Barclays Bank Plc v Fairclough Building Limited
Barclays Bank Plc v Fairclough Building Limited
- 1993
- Construction Industry Law Letter 1993 CILL 848-850(3) .
ChD 11 May 1993. The action involved two buildings of which the plaintiff (B) was the lessee. They had corrugated asbestos cement sheeting roofs. The defendant (F) carried out cleaning work on the sheeting which resulted in serious asbestos contamination. The buildings had to be taken out of use for a considerable length of time and a substantial clean-up operation was embarked upon. The contract between B and F was in the JCT Intermediate Form. It was held that F had failed to execute its works with reasonable care and skill and that they were in breach of the express terms of the contract by failing to comply with the asbestos regulations.
ASBESTOS REGULATIONS
JCT INTERMEDIATE FORM
LAW REFORM (CONTRIBUTORY NEGLIGENCE) ACT 1945
ChD 11 May 1993. The action involved two buildings of which the plaintiff (B) was the lessee. They had corrugated asbestos cement sheeting roofs. The defendant (F) carried out cleaning work on the sheeting which resulted in serious asbestos contamination. The buildings had to be taken out of use for a considerable length of time and a substantial clean-up operation was embarked upon. The contract between B and F was in the JCT Intermediate Form. It was held that F had failed to execute its works with reasonable care and skill and that they were in breach of the express terms of the contract by failing to comply with the asbestos regulations.
ASBESTOS REGULATIONS
JCT INTERMEDIATE FORM
LAW REFORM (CONTRIBUTORY NEGLIGENCE) ACT 1945