The appellant’s vessel ‘Sivand’ damaged harbour installations owned by the respondents, as the result of negligent handling. The respondents engaged contractors to carry out the repairs under a standard form of contract on ICE Conditions. An unforeseen event occurred in the course of the works. The contractors used a jack-up barge, meaning a barge which is supported when in position by extending legs which rest on the sea bed. The correct procedures were carried out, but the sea-bed and its sub-soil proved unable to support the weight of one of the legs. The barge capsized and became a total loss. The contractors claimed and recovered an extra payment under clause l2 of the ICE conditions for the consequences of this unforeseen event. The Respondents now seek to recover that extra amount from the appellants.
Citations:
[1998] EWCA Civ 100, [1998] 2 Lloyds Rep 97, [1998] CLC 751
Links:
Jurisdiction:
England and Wales
Transport
Updated: 13 November 2022; Ref: scu.143578