Biffa Waste Services Limited Biffa Leicester Limited v Maschinenfabrik Ernst Hese GMBH Outokumpu Technology Wenmec AB and Vanguard Industrial Limited (Trading as Pickfords Vanguard) (in voluntary liquidation) and Hese Umwelt GMBH [electronic resource]
Biffa Waste Services Limited Biffa Leicester Limited v Maschinenfabrik Ernst Hese GMBH Outokumpu Technology Wenmec AB and Vanguard Industrial Limited (Trading as Pickfords Vanguard) (in voluntary liquidation) and Hese Umwelt GMBH [electronic resource]
- 2008
[2008] EWHC 6 (TCC), 11 January 2008. The case concerns liability for losses due to delay resulting from a fire which occurred during the construction of a waste recycling plant. Biffa (B) contracted with Maschinenfabrik Ernst Hese GmbH (M) to design and build a waste recycling plant under a "Design and Build Deed". M subcontracted the supply of the plant to the second defendant (O). (M) also subcontracted the work to Hese Umwelt GMBH (H). H contracted with O for O to design, supply and install the ball mill. O engaged personnel from Vanguard Industrial Limited (Trading as Pickfords Vanguard) (P) to provide materials and carry out repairs in the plant. P's welders caused a fire, which brought damages to the plant. M was in breach of the direct agreement. The words in clause 47.1 provided a complete remedy for damages due to delay in completing the work on time. B could not recover its mitigation costs to avoid the delay. O owed B and M a duty of care in relation to loss for delay, because the fire resulted from O's negligence. O was liable for the negligence of P's personnel which contributed to the fire. O was under a duty of care to B and M for damage caused by fire. O could not delegate this extra-hazardous activity to P. M was also liable to B for H's negligence in carrying out the works.
ALFRED MCALPINE CONSTRUCTION LTD V PANATOWN LTD
BIFFA WASTE SERVICES LTD & ANOR V MASCHINENFABRIK ERNST HESE GMBH & ORS
BRITISH TELECOMMUNICATIONS PLC V JAMES THOMSON AND SONS (ENGINEERS) LTD
CENTRAL TRUST CO V RAFUSE
WISNIEWSKI V CENTRAL MANCHESTER HEALTH AUTHORITY
TEMLOC LTD V ERRILL PROPERTIES LTD
WILLIAM HILL ORGANISATION LTD V BERNARD SUNLEY
TAI HING COTTON MILL LTD V LIU CHONG HING BANK LTD
SURREY HEATH BOROUGH COUNCIL V LOVELL CONSTRUCTION LTD
SIMAAN GENERAL CONTRACTING CO V PILKINGTON GLASS LTD
PIGGOTT FOUNDATIONS LTD V SHEPHERD CONSTRUCTION LTD
NORWICH CITY COUNCIL V HARVEY
MURPHY V BRENTWOOD DC
MIDLAND BANK TRUST CO LTD V HETT STUBBS & KEMP
MCALPINE CONSTRUCTION V PANATOWN
MARGARINE UNION GMBH V CAMBAY PRINCE STEAMSHIP CO LTD
MARC RICH & CO A G V BISHOP ROCK MARINE CO LTD
LEIGH AND SILLAVAN LTD V ALIAKMON SHIPPING COMPANY
CO-OPERATIVE RETAIL SERVICES LTD V TAYLOR YOUNG PARTNERSHIP
HENDERSON V MERRETT SYNDICATES LTD
England and Wales--1543-
[2008] EWHC 6 (TCC), 11 January 2008. The case concerns liability for losses due to delay resulting from a fire which occurred during the construction of a waste recycling plant. Biffa (B) contracted with Maschinenfabrik Ernst Hese GmbH (M) to design and build a waste recycling plant under a "Design and Build Deed". M subcontracted the supply of the plant to the second defendant (O). (M) also subcontracted the work to Hese Umwelt GMBH (H). H contracted with O for O to design, supply and install the ball mill. O engaged personnel from Vanguard Industrial Limited (Trading as Pickfords Vanguard) (P) to provide materials and carry out repairs in the plant. P's welders caused a fire, which brought damages to the plant. M was in breach of the direct agreement. The words in clause 47.1 provided a complete remedy for damages due to delay in completing the work on time. B could not recover its mitigation costs to avoid the delay. O owed B and M a duty of care in relation to loss for delay, because the fire resulted from O's negligence. O was liable for the negligence of P's personnel which contributed to the fire. O was under a duty of care to B and M for damage caused by fire. O could not delegate this extra-hazardous activity to P. M was also liable to B for H's negligence in carrying out the works.
ALFRED MCALPINE CONSTRUCTION LTD V PANATOWN LTD
BIFFA WASTE SERVICES LTD & ANOR V MASCHINENFABRIK ERNST HESE GMBH & ORS
BRITISH TELECOMMUNICATIONS PLC V JAMES THOMSON AND SONS (ENGINEERS) LTD
CENTRAL TRUST CO V RAFUSE
WISNIEWSKI V CENTRAL MANCHESTER HEALTH AUTHORITY
TEMLOC LTD V ERRILL PROPERTIES LTD
WILLIAM HILL ORGANISATION LTD V BERNARD SUNLEY
TAI HING COTTON MILL LTD V LIU CHONG HING BANK LTD
SURREY HEATH BOROUGH COUNCIL V LOVELL CONSTRUCTION LTD
SIMAAN GENERAL CONTRACTING CO V PILKINGTON GLASS LTD
PIGGOTT FOUNDATIONS LTD V SHEPHERD CONSTRUCTION LTD
NORWICH CITY COUNCIL V HARVEY
MURPHY V BRENTWOOD DC
MIDLAND BANK TRUST CO LTD V HETT STUBBS & KEMP
MCALPINE CONSTRUCTION V PANATOWN
MARGARINE UNION GMBH V CAMBAY PRINCE STEAMSHIP CO LTD
MARC RICH & CO A G V BISHOP ROCK MARINE CO LTD
LEIGH AND SILLAVAN LTD V ALIAKMON SHIPPING COMPANY
CO-OPERATIVE RETAIL SERVICES LTD V TAYLOR YOUNG PARTNERSHIP
HENDERSON V MERRETT SYNDICATES LTD
England and Wales--1543-