000			03348cad a22004215a 4500
001			L145123
008			080909e20080111xxk f v 000 0 eng d
035			_a(Sirsi) u145123
041	0		_aeng
245	0	0	_aBiffa Waste Services Limited Biffa Leicester Limited v Maschinenfabrik Ernst Hese GMBH Outokumpu Technology Wenmec AB and Vanguard Industrial Limited (Trading as Pickfords Vanguard) (in voluntary liquidation) and Hese Umwelt GMBH _h[electronic resource]
260			_c2008
520			_a[2008] EWHC 6 (TCC), 11 January 2008. The case concerns liability for losses due to delay resulting from a fire which occurred during the construction of a waste recycling plant. Biffa (B) contracted with Maschinenfabrik Ernst Hese GmbH (M) to design and build a waste recycling plant under a "Design and Build Deed". M subcontracted the supply of the plant to the second defendant (O). (M) also subcontracted the work to Hese Umwelt GMBH (H). H contracted with O for O to design, supply and install the ball mill. O engaged personnel from Vanguard Industrial Limited (Trading as Pickfords Vanguard) (P) to provide materials and carry out repairs in the plant. P's welders caused a fire, which brought damages to the plant. M was in breach of the direct agreement. The words in clause 47.1 provided a complete remedy for damages due to delay in completing the work on time. B could not recover its mitigation costs to avoid the delay. O owed B and M a duty of care in relation to loss for delay, because the fire resulted from O's negligence. O was liable for the negligence of P's personnel which contributed to the fire. O was under a duty of care to B and M for damage caused by fire. O could not delegate this extra-hazardous activity to P. M was also liable to B for H's negligence in carrying out the works.
590			_aKA
650	2	4	_aALFRED MCALPINE CONSTRUCTION LTD V PANATOWN LTD
650	2	4	_aBIFFA WASTE SERVICES LTD & ANOR V MASCHINENFABRIK ERNST HESE GMBH & ORS
650	2	4	_aBRITISH TELECOMMUNICATIONS PLC V JAMES THOMSON AND SONS (ENGINEERS) LTD
650	2	4	_aCENTRAL TRUST CO V RAFUSE
650	2	4	_aWISNIEWSKI V CENTRAL MANCHESTER HEALTH AUTHORITY
650	2	4	_aTEMLOC LTD V ERRILL PROPERTIES LTD
650	2	4	_aWILLIAM HILL ORGANISATION LTD V BERNARD SUNLEY
650	2	4	_aTAI HING COTTON MILL LTD V LIU CHONG HING BANK LTD
650	2	4	_aSURREY HEATH BOROUGH COUNCIL V LOVELL CONSTRUCTION LTD
650	2	4	_aSIMAAN GENERAL CONTRACTING CO V PILKINGTON GLASS LTD
650	2	4	_aPIGGOTT FOUNDATIONS LTD V SHEPHERD CONSTRUCTION LTD
650	2	4	_aNORWICH CITY COUNCIL V HARVEY
650	2	4	_aMURPHY V BRENTWOOD DC
650	2	4	_aMIDLAND BANK TRUST CO LTD V HETT STUBBS & KEMP
650	2	4	_aMCALPINE CONSTRUCTION V PANATOWN
650	2	4	_aMARGARINE UNION GMBH V CAMBAY PRINCE STEAMSHIP CO LTD
650	2	4	_aMARC RICH & CO A G V BISHOP ROCK MARINE CO LTD
650	2	4	_aLEIGH AND SILLAVAN LTD V ALIAKMON SHIPPING COMPANY
650	2	4	_aCO-OPERATIVE RETAIL SERVICES LTD V TAYLOR YOUNG PARTNERSHIP
650	2	4	_aHENDERSON V MERRETT SYNDICATES LTD
651		4	_aEngland and Wales _y1543-
690			_aBUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
856	4	0	_uhttps://www.bailii.org/ew/cases/EWHC/TCC/2008/6.html _zView the case free of charge at www.bailli.org...
942			_n0
999			_c80715 _d80715