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Barking and Dagenham LB v Stamford Asphalt Company Ltd and General Accident Fire and Life Assurance Corporation plc

Language: English Series: Construction Industry Law Letter ; [1997] CILL 1333-1335Publication details: 1997Subject(s): Summary: CA 20 March 1997. Barking and Dagenham employed Stamford Asphalt to carry out building works to a school in accordance with the JCT Minor Works October 1988 revision. During the course of the works there was a fire. It was assumed that the contractor`s subcontractor negligently caused the fire. Under condition 6.2 of the contract, Stamford Asphalt were responsible for, and required to insure against, loss caused by its default, including negligence. The contract also provided for insurance in the joint names of the employer and the contractor against certain specified perils including fires. The employer, in breach of this clause, did not take out any joint insurance. The contractor and their insurers appealed. The first decision was upheld and the damages were not reduced.
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Law report London Journal article ABS58178 (Browse shelf(Opens below)) 1 Available 83314-1001

CA 20 March 1997. Barking and Dagenham employed Stamford Asphalt to carry out building works to a school in accordance with the JCT Minor Works October 1988 revision. During the course of the works there was a fire. It was assumed that the contractor`s subcontractor negligently caused the fire. Under condition 6.2 of the contract, Stamford Asphalt were responsible for, and required to insure against, loss caused by its default, including negligence. The contract also provided for insurance in the joint names of the employer and the contractor against certain specified perils including fires. The employer, in breach of this clause, did not take out any joint insurance. The contractor and their insurers appealed. The first decision was upheld and the damages were not reduced.