The defendant had been engaged to carry out a re-wiring exercise. It was not a straightforward matter. He sub-contracted it to the second defendant who carried it out negligently, and a substantial fire resulted.
Held: The appeal failed. The defendant was under a duty to select a suitably skilled sub-contractor. He had failed to do so and was himself liable.
Otton LJ said: ‘In the course of argument Mr Richard Davies QC, for the appellants, expressed anxiety lest the outcome of this appeal might be understood to mean that a person, when recommending another as an independent or sub-contractor, guarantees or warrants the performance of the recommended contractor. To allay that anxiety, and for the avoidance of doubt, this decision should not be so construed. If this were so, it would have dire consequences in the construction industry, where, for example, main contractors frequently nominate (i.e. recommend) sub-contractors. In the absence of a contractual term to that effect, main contractors are not insurers of their nominated sub-contractors’ performance at the suit of the employer or other nominated sub-contractors.’
Judges:
Beldam, Otton LJJ, Sict Christopher Slade
Citations:
[1997] EWCA Civ 1299
Links:
Jurisdiction:
England and Wales
Contract, Negligence
Updated: 06 November 2022; Ref: scu.141695