000 02170cad a22002175a 4500
001 L140064
008 070903e20070627xxk f 000 0 eng d
035 _a(Sirsi) u140064
041 0 _aeng
245 0 0 _aJohn F Hunt Demolition Ltd v ASME Engineering Ltd
_h[electronic resource]
260 _c2007
520 _a[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.
590 _aKA
650 2 4 _aJOHN F HUNT DEMOLITION LTD V ASME ENGINEERING LTD
650 2 4 _aBIGGIN AND CO LTD V PERMANITE LTD
650 2 4 _aJCT STANDARD FORM OF BUILDING CONTRACT WITH CONTRACTORS DESIGN (1998 EDITION)
651 4 _aEngland and Wales
_y1543-
690 _aBUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
856 4 0 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2007/1507.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c79178
_d79178