Contractors' negligence liability a burning issue
Winter, J.
Contractors' negligence liability a burning issue - 2001 - Construction News (6372) 6 September 2001, 40(1) .
Many construction contracts contain a clause requiring the employer to take out insurance to cover the risk of damage to its property. Such clauses can have the unexpected effect of protecting a negligent contractor or subcontractor, who accidentally damages an employer's property, and preventing the latter from recovering damages. Discusses a number of cases which illustrate this scenario. Advises employers to ensure it is clarified, in all contracts, what effect an obligation on the employer to insure will have on his rights to claim damages for negligence from the involved contractors.
EMPLOYERS
Insurance
NEGLIGENCE
CONTRACTORS
Contracts
DAMAGE TO PROPERTY
SCOTTISH SPECIAL HOUSING ASSOCIATION V WIMPEY CONSTRUCTION UK LTD
NORWICH CITY COUNCIL V HARVEY
NATIONAL TRUST V HADEN YOUNG
LB BARKING & DAGENHAM V STAMFORD ASPHALT
BRITISH TELECOMMUNICATIONS V JAMES THOMSON AND SONS
CASSON V OSTLEY
Contractors' negligence liability a burning issue - 2001 - Construction News (6372) 6 September 2001, 40(1) .
Many construction contracts contain a clause requiring the employer to take out insurance to cover the risk of damage to its property. Such clauses can have the unexpected effect of protecting a negligent contractor or subcontractor, who accidentally damages an employer's property, and preventing the latter from recovering damages. Discusses a number of cases which illustrate this scenario. Advises employers to ensure it is clarified, in all contracts, what effect an obligation on the employer to insure will have on his rights to claim damages for negligence from the involved contractors.
EMPLOYERS
Insurance
NEGLIGENCE
CONTRACTORS
Contracts
DAMAGE TO PROPERTY
SCOTTISH SPECIAL HOUSING ASSOCIATION V WIMPEY CONSTRUCTION UK LTD
NORWICH CITY COUNCIL V HARVEY
NATIONAL TRUST V HADEN YOUNG
LB BARKING & DAGENHAM V STAMFORD ASPHALT
BRITISH TELECOMMUNICATIONS V JAMES THOMSON AND SONS
CASSON V OSTLEY