Simaan General Contracting Co v Pilkington Glass Ltd (2)
Simaan General Contracting Co v Pilkington Glass Ltd (2)
- 1988
- New Law Journal 138 (6345) 26 February 1988, 53-55(3) .
CA 17 February 1988 The plaintiffs Simaan (S) were main contractors for a building to be erected in Abu Dhabi which required double glazed units of green glass to be incorporated into curtain walling . The supply and erection of the curtain walling was sub contracted out to another company, which under the terms of the sub contract ordered the glass panels from the defendants, Pilkington (P). The glass supplied was not of a uniform colour and the building owner withheld payment from S until the panels were replaced. S sued P for economic loss caused by the withholding of payment. ORC held that P owed a duty of care . On appeal by P, the CA held that there was no general rule that claims in negligence might succeed on proof of foreseeable economic loss. Appeal accordingly allowed.
SUBCONTRACTORS
CA 17 February 1988 The plaintiffs Simaan (S) were main contractors for a building to be erected in Abu Dhabi which required double glazed units of green glass to be incorporated into curtain walling . The supply and erection of the curtain walling was sub contracted out to another company, which under the terms of the sub contract ordered the glass panels from the defendants, Pilkington (P). The glass supplied was not of a uniform colour and the building owner withheld payment from S until the panels were replaced. S sued P for economic loss caused by the withholding of payment. ORC held that P owed a duty of care . On appeal by P, the CA held that there was no general rule that claims in negligence might succeed on proof of foreseeable economic loss. Appeal accordingly allowed.
SUBCONTRACTORS