000 02300cab a2200193 4500
001 ##L134203
008 060717n2006 000 0 eng u
035 _a(Sirsi) u134203
041 0 _aeng
245 0 0 _aTFW Printers Ltd v Interserve Project Services Ltd
_h[electronic resource]
260 _c2006
520 _a[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.
590 _aIKA180706
650 2 4 _aTFW PRINTERS LTD V INTERSERVE PROJECT SERVICES LTD
651 4 _aEngland and Wales
_y1543-
690 _aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS-STANDARD FORMS OF BUILDING CONTRACT-JOINT CONTRACTS TRIBUNAL CONTRACTS
856 4 1 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2006/875.html&query=title+(+TFW+)+and+title+(+Printers+)+and+title+(+Ltd+)+and+title+(+v+)+and+title+(+Interserve+)+and+title+(+Project+)+and+title+(+Services+)+and+title+(+Ltd+)&method=boolean
_zView the item free of charge at www.bailii.org
942 _n0
999 _c77405
_d77405