Siemens Building Technologies FE Ltd v Supershield Ltd

Siemens Building Technologies FE Ltd v Supershield Ltd

Supershield was contractually obliged to install and properly tighten the ball valve float arm and lever connection. Supershield failed to do so, causing the flood. The settlement entered into by Siemens with Haden Young and others was reasonable in amount and circumstances. Therefore, Supershield is liable to Siemens for the sums paid in settlement, as damages for breach of contract and under the indemnity.

Parties
Part 20 Claimant: Siemens Building Technologies FE Limited; Part 20 Defendant: Supershield Limited
Jurisdiction
England and Wales
Judgment Date
01 May 2009
Procedural Posture
Civil (construction/contract) / Judgment After Trial of Part 20 Claim
Outcome
Supershield is liable to Siemens for breach of contract and under the indemnity for the sums paid in reasonable settlement of claims arising from the flood.
Legal Topics
Subcontractor Liability, Indemnity, Reasonableness of Settlement, Causation, Remoteness of Damage
Contract Law Construction Law Subcontractor Liability Indemnity Reasonableness of Settlement Causation Remoteness of Damage

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Parties

Siemens Building Technologies FE Limited

Part 20 Claimant

Supershield Limited

Part 20 Defendant

Procedural Posture

Civil (construction/contract) / Judgment After Trial of Part 20 Claim

Legal Issues

  1. 1 Whether Supershield was contractually obliged to install and properly tighten the ball valve float arm and lever connection
  2. 2 Whether Supershield performed that obligation
  3. 3 Whether the failure of the nut and bolt was due to Supershield's actions or omissions

Ratio Decidendi

Supershield was contractually obliged to install and properly tighten the ball valve float arm and lever connection. Supershield failed to do so, causing the flood. The settlement entered into by Siemens with Haden Young and others was reasonable in amount and circumstances. Therefore, Supershield is liable to Siemens for the sums paid in settlement, as damages for breach of contract and under the indemnity.

Court Disposition

Supershield is liable to Siemens for breach of contract and under the indemnity for the sums paid in reasonable settlement of claims arising from the flood.

Orders

  • Supershield to pay Siemens the sums paid in settlement to Haden Young and others, subject to submissions on the form of judgment and ancillary matters.