Building Law Reports

General editors: The Hon Sir Robert Akenhead; Dominique Rawley KC; Marc Lixenberg; Omar Eljadi; Felicity Dynes and David Johnson; Consulting editor: Mr Justice Fraser

Document

SCOTTISH & NEWCASTLE PLC v G D CONSTRUCTION (ST ALBANS) LIMITED

[2003] BLR 131

COURT OF APPEAL

Before Lord Justice Ward, Lord Justice Longmore and Mr Justice Aikens

JCT IFC 1984 - Clauses 6.1.2 and 6.3C.1 - Employer’s obligation to take out joint insurance against damage to existing structure caused by fire - Contractor’s liability and obligation to indemnify excluding loss or damage caused by fire - Fire caused by negligence of contractor or subcontractors - Whether contractor’s liability excluded - Implied term preventing claim by employer.

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