Article Abstract:
The UK Court of Appeal heard the case between building firm Pearce and High and Mr and Mrs Baxter, who had employed the firm to undertake work on their home. The judges at the Court of Appeal decided the JCT Minor Works Contract did not mean the building firm was not liable to repair defects which came to light after six-months, as in the contract, if they were due to poor work or materials. The Baxter family could only keep the money it would cost them find another builder to repair any faults they found in the first six months as they failed to ask the orignal builders to return to fix the faults.
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Article Abstract:
The Port of Ramsgate case, when six people were killed by a collapsed walkway constructed under a design and build contract, signals an important shift of policy in the prosecutorial scope of the Health and Safety Executive. Importantly, it is the first time that criminal liability for latent defects in new building work has been exposed using section 3 of the 1974 Health and Safety at Work Act. The circumstances under which an employer is liable are discussed.
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Article Abstract:
ICI is sueing contractor, Bovis, engineer Oscar Faber and architect, GMW over the excessive cost of its Millbank, London, England headquarters refurbishment. The court case promises to be lengthy and complex but ICI has given itself a further problem by not preparing its claim before matters came to court. After an initial hearing, the company is having to compile its case retrospectively to avoid having it struck out.
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