John F Hunt Demolition Ltd v ASME Engineering Ltd [electronic resource]
Language: English Publication details: 2007Subject(s): Online resources: Summary: [2007] EWHC 1507 (TCC), 27 June 2007. Considers the interaction between the insurance provisions in the JCT forms of contract and the existence of duty of care at common law. Employer (W) engaged associated company (B) to carry out the design and construction of offices under a main contract incorporating the JCT Standard Form of Building Contract, With Contractor's Design (1998 Edition). B subcontracted the demolition work to claimant subcontractor (H) and H engaged defendant sub-sub-contractor (A) to provide the support structure. The façade was subsequently damaged by a fire. H received a joint claim from W and B and sought to pass this on to A. The key issues were whether H owed a duty of care to W in respect of the fire damage thereby enabling W to recover the full claim against H as damages for breach of that duty, and whether the settlement was reasonable. "Held": the terms of the main contract and sub-contract meant that no duty of care in tort was owed by H to W in respect of damage caused by fire and H was liable for a maximum of £43 512 representing B's loss. In addition, there was no rule or principle of law that H had to prove that it was liable to both W and B before using the principle in "Biggin & Co Ltd v Permanite Ltd" [(1951) 2 KB 314] to recover against A the sum paid by way of settlement.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 140064-2001 |
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[2007] EWHC 1507 (TCC), 27 June 2007. Considers the interaction between the insurance provisions in the JCT forms of contract and the existence of duty of care at common law. Employer (W) engaged associated company (B) to carry out the design and construction of offices under a main contract incorporating the JCT Standard Form of Building Contract, With Contractor's Design (1998 Edition). B subcontracted the demolition work to claimant subcontractor (H) and H engaged defendant sub-sub-contractor (A) to provide the support structure. The façade was subsequently damaged by a fire. H received a joint claim from W and B and sought to pass this on to A. The key issues were whether H owed a duty of care to W in respect of the fire damage thereby enabling W to recover the full claim against H as damages for breach of that duty, and whether the settlement was reasonable. "Held": the terms of the main contract and sub-contract meant that no duty of care in tort was owed by H to W in respect of damage caused by fire and H was liable for a maximum of £43 512 representing B's loss. In addition, there was no rule or principle of law that H had to prove that it was liable to both W and B before using the principle in "Biggin & Co Ltd v Permanite Ltd" [(1951) 2 KB 314] to recover against A the sum paid by way of settlement.