CA 21 December 1988. The employer, (the building owners), entered into a JCT contract with the main contractors for an extension to a swimming pool . There was a clause within the contract which stated that the employer was solely liable with regard to any loss or damage to the premises by fire . Some work on the roof was contracted to subcontractors, one of whose employees set fire to the buildings and extension with a blow torch. The owners brought an action claiming negligence against the subcontractors and their employee. The claim was dismissed and the employer appealed. The CA dismissed the employer`s appeal, stating that although no contract existed between the employer and the subcontractor, the subcontractor was entitled to rely on the provision of the main contract which stated that the building owner was to bear the risk of loss or damage caused by fire, even if this damage was caused by the negligence of the subcontractor.