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Cementation Piling and Foundations Ltd v Aegon Insurance Company Ltd and another

Language: English Series: Construction Law Journal ; (1994) 10 CLJ 301-311(11)Publication details: 1994Subject(s): Summary: HC 12 November 1992. In 1983 C was engaged as subcontractor to Sir Alfred McAlpine and Son Ltd to carry out certain piling works and to construct diaphragm walls at the submarine base at Barrow-in-Furness. The diaphragm walls were constructed by excavating cavaties in the sand. By 1985 it was discovered there were gaps in the walls allowing sand to escape and thus required rectification. It was admitted that the cause was due to design, materials or workmanship. A dispute arose as to whether costs of repair fell under the policy issued by the second defendant, Commercial Union, or that of the first, A. Held that the CU were liable to pay the costs.
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Law report London Journal article ABS51696 (Browse shelf(Opens below)) 1 Available 40336-1001

HC 12 November 1992. In 1983 C was engaged as subcontractor to Sir Alfred McAlpine and Son Ltd to carry out certain piling works and to construct diaphragm walls at the submarine base at Barrow-in-Furness. The diaphragm walls were constructed by excavating cavaties in the sand. By 1985 it was discovered there were gaps in the walls allowing sand to escape and thus required rectification. It was admitted that the cause was due to design, materials or workmanship. A dispute arose as to whether costs of repair fell under the policy issued by the second defendant, Commercial Union, or that of the first, A. Held that the CU were liable to pay the costs.