Carillion Construction Ltd. v Farebrother and Partners (a firm) & Ors [2002] EWHC 216 (Technology) (21st February, 2002)

Carillion Construction Ltd. v Farebrother and Partners (a firm) & Ors [2002] EWHC 216 (Technology) (21st February, 2002)

Worcestershire County Council did not contractually undertake, nor assume in tort, an obligation to ensure that all asbestos was removed from Block C. Its obligations were limited to air monitoring and environmental health control, not to surveying or guaranteeing complete asbestos removal. The scope of any duty of care in tort was co-extensive with the contract and did not extend to the alleged broader responsibilities claimed by Tarmac.

Citation
[2002] EWHC 216 (Technology)
Parties
Claimant: Carillion Construction Limited (formerly Tarmac Construction Limited); First Defendant: Farebrother and Partners (A Firm); Second Defendant: Kenneth Fairburn, Peter Lyons, Max Ward, Ian Bramble, David Aspinall and Peter Edmunds (formerly trading as Peter Hing & Jones); Third Defendant: Worcestershire County Council (formerly Hereford & Worcester County Council)
Jurisdiction
England and Wales
Procedural Posture
Civil Construction/professional Negligence / Judgment on Preliminary Issues
Outcome
Claim against Worcestershire County Council on the preliminary issues dismissed.
Legal Topics
Scope of Contractual Obligations, Implied Terms, Duty of Care in Tort, Interpretation of Contracts, Concurrent Liability in Contract and Tort, Remoteness of Damage
Construction Law Contract Law Tort Law Professional Negligence Scope of Contractual Obligations Implied Terms Duty of Care in Tort Interpretation of Contracts +2 more

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Parties

Carillion Construction Limited (formerly Tarmac Construction Limited)

Claimant

Farebrother and Partners (A Firm)

First Defendant

Kenneth Fairburn, Peter Lyons, Max Ward, Ian Bramble, David Aspinall and Peter Edmunds (formerly trading as Peter Hing & Jones)

Second Defendant

Worcestershire County Council (formerly Hereford & Worcester County Council)

Third Defendant

Procedural Posture

Civil Construction/professional Negligence / Judgment on Preliminary Issues

Legal Issues

  1. 1 Did Worcestershire County Council contractually agree to advise and supervise the removal of all asbestos from Block C so as to ensure none remained?
  2. 2 Did Worcestershire County Council owe a duty of care in tort to ensure no asbestos remained in Block C and to avoid economic loss to the claimant?
  3. 3 What was the scope of the contractual and tortious obligations undertaken by Worcestershire County Council?

Ratio Decidendi

Worcestershire County Council did not contractually undertake, nor assume in tort, an obligation to ensure that all asbestos was removed from Block C. Its obligations were limited to air monitoring and environmental health control, not to surveying or guaranteeing complete asbestos removal. The scope of any duty of care in tort was co-extensive with the contract and did not extend to the alleged broader responsibilities claimed by Tarmac.

Court Disposition

Claim against Worcestershire County Council on the preliminary issues dismissed.

Orders

  • No finding of contractual or tortious liability against Worcestershire County Council for ensuring complete removal of asbestos from Block C.
  • Costs and further directions to be determined separately.