000 01952cam a2200253 4500
001 ABS66762
008 030623n2003 000 0 eng u
035 _a(Sirsi) u122691
245 _aScottish and Newcastle plc v G D Construction (St Albans) Ltd
260 _c2003
490 _aBuilding Law Reports
_v[2003] 3 BLR 131-146(16)
520 _a[2003] EWCA Civ 16, 22 January 2003. Appeal against decision (TCC, [2002] 80 Con LR 75) on a preliminary issue of law that contractor (G) liability for damages caused by fire was not excluded under a standard JCT IFC 1984 contract. Under cl6.3C.1, the employer (S) was responsible for taking out insurance in joint names of employer and contractor covering damage to the existing structure caused by a number of specified perils including fire. S failed to take out such a policy. S sued G for damages including the cost of rebuilding the existing structure following a fire. S relied on cl6.1.2 which required G to indemnify N in respect of loss or damage caused by subcontractors. G relied on exclusion from cl6.1.2. for loss or damage caused by a specified peril such as fire. G appealed on grounds to establish whether he was liable for damage caused by fire. CA held that the wording of the relevant clauses allocated to S the risk of loss to existing structures by a fire caused by negligence of a subcontractor. Appeal dismissed. View judgment at www.bailii.org.
590 _aABS
650 _aSCOTTISH AND NEWCASTLE PLC V GD CONSTRUCTION (ST ALBANS) LTD
650 _aCONTRACTORS LIABILITY
650 _aJCT INTERMEDIATE FORM OF BUILDING CONTRACT (1984 EDITION)
650 _aFIRE
650 _aNEGLIGENCE
650 _aCONSTRUCTION DISPUTES
650 _aJOINT NAMES INSURANCE
690 _aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
856 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2003/16.html
_zView judgment on the BAILII website...
942 _n0
999 _c72902
_d72902