Source: All England Reporter
Publisher Citation: [2007] All ER (D) 86 (Jul)
Court: Queen's Bench Division (Technology and Construction Court) (Salford District Registry)
Judge:

Judge Gilliland QC

Representation Digby Jess (instructed by Weightmans LLP, Manchester) for the claimant.
  Krista Lee (instructed by Shadbolt & Co LLP, Reigate) for the defendant.
Judgment Dates: 29 June 2007

Catchwords

Building contract - Contractor - Negligence - Exclusion of duty of care by insurance provisions - Contract requiring employer to take out joint names insurance in respect of specified perils - Contract providing for unqualified indemnity from contractor in respect of any damage - Whether obligation to compensate defendant excluded.

The Case

Building contract Contractor. Although there was no express qualification of the contractor's obligation under a construction contract to indemnify the employer in respect of any damage, the separate obligation to make good the damage in the event of a specified peril irrespective of whose fault it was pointed clearly to an intention to establish a special scheme that was to apply whenever a specified peril caused damage or loss. On the true construction of the contract in the instant case, the obligation to indemnify should be read as being subject to the special regime in relation to damage caused by specified perils and which required the employer to maintain joint names insurance in that regard.

Practice Areas

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