BIFFA WASTE SERVICES LTD v MASCHINENFABRIK ERNST HESE GMBH

[2008] BLR 155

QUEEN’S BENCH DIVISION (TECHNOLOGY AND CONSTRUCTION COURT)

Before Mr Justice Ramsey

Contract - Liquidated damages - Delay caused by fire - Whether liquidated damages exhaustive remedy. Tort - Duty of care - Concurrent duties owed to contracting party - Duties owed to non-contracting party - Whether liquidated damages limitation clause - Whether liquidated damages exhaustive remedy to non-contracting party for consequential loss. Double recovery or risk of double recovery - Whether action by non-contracting party should be stayed. Vicarious liability - Acts and control over work and how work be done - Whether party had vicarious liability. Independent contractors - Extra-hazardous work - Whether welding operations extra-hazardous.