TFW Printers Ltd v Interserve Project Services Ltd [electronic resource]
Language: English Publication details: 2006Subject(s): Online resources: Summary: [2006] EWCA Civ 875, 27 June 2006. Appeal by T against a decision that under the terms of a JCT minor works contract, it was obliged to insure against certain perils for the duration of a defects liability period, and that its claim for damages against I was barred by the agreement. A few months after practical completion by I of works on T's building, but within the defects liability period, the building suffered flood damage, caused by I not replacing a downpipe removed during the work. The contract obliged T to insure in joint names against loss or damage by flood, but did not state the duration of the obligation. T's contention that the obligation existed only until practical completion was rejected by the county court, which also ruled that JCT practice note 22 was of no assistance when interpreting the clause. On appeal "Held": the county court was right in holding that practice note 22 was of no assistance in interpreting the insurance clause. For a number of reasons, however, T's obligation to insure against loss or damage by fire and flood had ceased upon practical completion; although I had an interest in the sense that it had a continuing potential liability for breach of contract and negligence in carrying out the works, it was a different kind of interest from that of a contractor carrying out works before practical completion. The appeal was allowed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 134203-1001 |
[2006] EWCA Civ 875, 27 June 2006. Appeal by T against a decision that under the terms of a JCT minor works contract, it was obliged to insure against certain perils for the duration of a defects liability period, and that its claim for damages against I was barred by the agreement. A few months after practical completion by I of works on T's building, but within the defects liability period, the building suffered flood damage, caused by I not replacing a downpipe removed during the work. The contract obliged T to insure in joint names against loss or damage by flood, but did not state the duration of the obligation. T's contention that the obligation existed only until practical completion was rejected by the county court, which also ruled that JCT practice note 22 was of no assistance when interpreting the clause. On appeal "Held": the county court was right in holding that practice note 22 was of no assistance in interpreting the insurance clause. For a number of reasons, however, T's obligation to insure against loss or damage by fire and flood had ceased upon practical completion; although I had an interest in the sense that it had a continuing potential liability for breach of contract and negligence in carrying out the works, it was a different kind of interest from that of a contractor carrying out works before practical completion. The appeal was allowed.