000			01637cab a2200229 4500
001			ABS43925
008			090401t1990 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u44308
041			_aeng
245			_aWilliam Tomkinson and Sons Ltd v The Parochial Church Council of St Michael and others
260			_c1990
350			_a0
490			_aConstruction Law Journal _v(1990) 6 Const LJ 319-333(15)
520			_aORC 2 August 1990 The plaintiff contractors were employed by the first defendants, the church , to carry out restoration works at the parish church in Liverpool . Various disputes arose between the parties. Contractors brought proceedings for sums certified in interim certificate s and the church counterclaimed in respect of defects . A trial of preliminary issues was ordered. These issues concerned the terms of the contract between the contractors and the church and issues in respect of the church`s engagement of the architects , the second defendants. ORC held that 1) the architects had ostensible authority to enter into a JCT Minor Works Agreement 1980 with the contractor; 2) the architects were both in breach of contract and negligent for failure to advise employers as to the effect of clause 6.3B of the minor works agreement and that they should obtain insurance to cover their risk under that clause; 3) MW 1980 unlike JCT 1980 , did not require a written schedule of defects and
650			_aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
650			_aCLAIMS
650			_aLAW CASE
650			_aNEGLIGENCE
690			_aBUILDING AND CONSTRUCTION-CASE LAW
942			_n0
948			_c04/03/1997
999			_c28227 _d28227