[2003] EWCA Civ 16, 22 January 2003. Appeal against decision (TCC, [2002] 80 Con LR 75) on a preliminary issue of law that contractor (G) liability for damages caused by fire was not excluded under a standard JCT IFC 1984 contract. Under cl6.3C.1, the employer (S) was responsible for taking out insurance in joint names of employer and contractor covering damage to the existing structure caused by a number of specified perils including fire. S failed to take out such a policy. S sued G for damages including the cost of rebuilding the existing structure following a fire. S relied on cl6.1.2 which required G to indemnify N in respect of loss or damage caused by subcontractors. G relied on exclusion from cl6.1.2. for loss or damage caused by a specified peril such as fire. G appealed on grounds to establish whether he was liable for damage caused by fire. CA held that the wording of the relevant clauses allocated to S the risk of loss to existing structures by a fire caused by negligence of a subcontractor. Appeal dismissed. View judgment at www.bailii.org.