CA 10 November 1989. The council (D) employed a contractor (S) to repair the flat roof of a school . During the course of their work the school caught fire and the buildings and contents were severely damaged. D claimed that S was liable for the cost of repair under clause 1.9 of the conditions of contract stating that S should "insure against loss or damage by fire etc, to any temporary buildings, plant, tools and equipment owned or hired". S claimed that under clause 2.1 D should "bear the risk of loss or damage in respect of the works and the existing structure and contents thereof (excepting temporary buildings , plant, tools, and equipment owned or hired by the contractor or any subcontractor by fire...". The court held that S was liable and he appealed. The appeal was dismissed on the grounds that it could not be accepted in relation to fire, the only risk or liability on which clause 2.2 could bite was negligence.