000			01913cam a2200241 4500
001			ABS63797
008			000000n2001 000 0 eng u
035			_a(Sirsi) u112395
245			_aJeremy Casson and Ashley Jane Casson v Ostley PJ Ltd and Richard Emmerson
260			_c2001
490			_aBuilding Law Reports _v[2001] 3 BLR 126-133(8)
520			_aHC 5 September 2000. The claimants (C) contracted with the first defendant (O) to renovated a property including the plumbing the work for which was subcontracted to Kingswood Building Services Ltd (K), who in turn subcontracted that work to the second defendant (R). After a fire, for which C was under-insured, they commenced proceedings against the defendants, and Part 20 proceedings were brought against K and others. O denied liability for C's loss as a clause of its standard terms and conditions excluded any such liability, including where damage was a result of its, or its subcontractors negligence, and claimed that it was entitled to value of the work executed and material delivered before the fire. C contended that this was not the case on proper construction of the case, whilst its legitimacy under the Unfair Contract Terms Act 1977 was also questioned. "Held": the proper construction of the clause was that the whole risk of fire was to be borne by C and that, consequently, they had an obligation to insure; the insurance was for the benefit of both parties; the clause was reasonable in regard to the provisions of the Act.
590			_aABS
650			_aCASSON V OSTLEY
650			_aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
650			_aCONTRACT TERMS
650			_aEXCLUSION OF LIABILITY
650			_aCASSON AND CASSON V OSTLEY PJ LTD AND EMMERSON
650			_aUNFAIR CONTRACT TERMS ACT 1977 S3
650			_aUNFAIR CONTRACT TERMS ACT 1977 S11
690			_aBUILDING AND CONSTRUCTION-CASE LAW
942			_n0
999			_c66892 _d66892