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Blind eyes and bloody kids

By: Series: Building ; 269(8356) 5 November 2004, 51(1)Publication details: 2004Subject(s): Summary: Argues for contractors to be aware of defects or dangers in their building work even if they do what the contract requires. Relevant cases are mentioned including "Plant construction v Clive Adams Associates" ([2000] BLR 205), where a builder was obliged to warn of a dangerous design defect of which it was aware. In "Gabriel v Kirklees Metropolitan Council" ([2004] EWCA Civ 345) the CA held that a defendant may be liable for damage caused by the deliberate wrongdoing of a third party where a defendant negligently permits or causes a state of danger to be created on their land.

Argues for contractors to be aware of defects or dangers in their building work even if they do what the contract requires. Relevant cases are mentioned including "Plant construction v Clive Adams Associates" ([2000] BLR 205), where a builder was obliged to warn of a dangerous design defect of which it was aware. In "Gabriel v Kirklees Metropolitan Council" ([2004] EWCA Civ 345) the CA held that a defendant may be liable for damage caused by the deliberate wrongdoing of a third party where a defendant negligently permits or causes a state of danger to be created on their land.