Joint names insurance and contractors' liability
Series: Construction Law Bulletin ; March 2003, 24-25(2)Publication details: 2003Subject(s): Summary: Looks at two cases which have highlighted the question of the relationship between an employer's obligation to insure and a contractor's liability for damage. "Co-operative Retail Services Ltd v Taylor Young Partnership" [2002] 1 WLR 1419 (see abstract Abs65789) had looked at the issue of joint-names insurance and "Scottish and Newcastle plc v GD Construction (St Albans) Ltd" [2003] All ER (D) 174 has considered the point again. In "Scottish" the contractor was found not liable for damage to an existing building caused by fire resulting from the negligence of a sub-contractor. The JCT Intermediate Form of Building Contract for Works of Simple Content (IFC 84) had imposed an obligation on the employer to insure against the risk of fire, including fire caused by the negligence of a sub-contractor, because the parties had agreed that the risk lies with the employer, who will insure against it. Warns that if it is desirable that the contractor be liable for his negligence or that of his sub-contractors, then the contract must expressly include such a clause. Emphasises that neither case deals with the issue of cross-liability clauses and that other situations may not include the exact wording of these cases.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS66531 (Browse shelf(Opens below)) | 1 | Available | 121834-1001 |
Looks at two cases which have highlighted the question of the relationship between an employer's obligation to insure and a contractor's liability for damage. "Co-operative Retail Services Ltd v Taylor Young Partnership" [2002] 1 WLR 1419 (see abstract Abs65789) had looked at the issue of joint-names insurance and "Scottish and Newcastle plc v GD Construction (St Albans) Ltd" [2003] All ER (D) 174 has considered the point again. In "Scottish" the contractor was found not liable for damage to an existing building caused by fire resulting from the negligence of a sub-contractor. The JCT Intermediate Form of Building Contract for Works of Simple Content (IFC 84) had imposed an obligation on the employer to insure against the risk of fire, including fire caused by the negligence of a sub-contractor, because the parties had agreed that the risk lies with the employer, who will insure against it. Warns that if it is desirable that the contractor be liable for his negligence or that of his sub-contractors, then the contract must expressly include such a clause. Emphasises that neither case deals with the issue of cross-liability clauses and that other situations may not include the exact wording of these cases.