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Article: Are You In The Recovery Position?
- Article from:
- Mondaq Business Briefing
- Article date:
- April 4, 2008
CopyrightCOPYRIGHT 2008 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Picture the scenario: sparks from welding equipment used by a steelwork sub-sub-contractor set light to bitumen felt weatherproofing on the retained facades of office premises, causing a fire. The employer and main contractor claim against the sub-contractor and the claim is settled. The sub-contractor then seeks recovery of that sum from the sub-sub-contractor.
This set of facts occurred in the case of John F Hunt Demolition -v- ASME. The first point covered in the judgment was that the combined effect of the insurance provisions in the JCT 1998 Contract WCD and the DOM/2 Contract meant that the sub-contractor owed the employer no duty of care in relation to ...