Iliffe & Anor v Feltham Construction Ltd

Iliffe & Anor v Feltham Construction Ltd

The parties entered into a contract for Phase 3 works, incorporating the JCT Intermediate Building Contract terms, including Clause 2.1. Feltham was contractually responsible for the acts and omissions of its subcontractors. The fire was caused by defective installation of the logburner/flue, for which Feltham is liable. There is no real prospect of Feltham successfully defending the claim, nor any other compelling reason for a trial. Summary judgment is granted for the Claimants.

Parties
Claimant: The Honourable Edward Iliffe; Claimant: Mrs Teleri Iliffe; Defendant: Feltham Construction Limited; Third Party: Affleck Mechanical Services Limited
Jurisdiction
England and Wales
Judgment Date
03 July 2014
Procedural Posture
Civil (construction Contract Dispute) / Summary Judgment Application
Outcome
Summary judgment for the Claimants; damages to be assessed.
Legal Topics
Formation of Contract, Contractual Liability for Subcontractors, Summary Judgment, Supply of Goods and Services Act 1982, JCT Intermediate Building Contract, Causation of Fire Damage
Contract Law Construction Law Formation of Contract Contractual Liability for Subcontractors Summary Judgment Supply of Goods and Services Act 1982 JCT Intermediate Building Contract Causation of Fire Damage

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Parties

The Honourable Edward Iliffe

Claimant

Mrs Teleri Iliffe

Claimant

Feltham Construction Limited

Defendant

Affleck Mechanical Services Limited

Third Party

Procedural Posture

Civil (construction Contract Dispute) / Summary Judgment Application

Legal Issues

  1. 1 Whether a contract existed between the Claimants and Feltham for Phase 3 works
  2. 2 Whether the JCT Intermediate Building Contract terms applied to Phase 3
  3. 3 Whether Feltham was contractually responsible for the acts/omissions of its subcontractors (Affleck, etc.)

Ratio Decidendi

The parties entered into a contract for Phase 3 works, incorporating the JCT Intermediate Building Contract terms, including Clause 2.1. Feltham was contractually responsible for the acts and omissions of its subcontractors. The fire was caused by defective installation of the logburner/flue, for which Feltham is liable. There is no real prospect of Feltham successfully defending the claim, nor any other compelling reason for a trial. Summary judgment is granted for the Claimants.

Court Disposition

Summary judgment for the Claimants; damages to be assessed.

Orders

  • Summary judgment entered for the Claimants for damages to be assessed.
  • Court to hear parties on the size of interim payment and costs.