The long-running case of Southfield School for Girls in the
Technology and Construction Court which settled recently, shows how
asbestos cases can escalate. It has resulted in the main contractor
being sued for nearly £7m inclusive of damages, interests and
costs.
Southfield School for Girls in Kettering is typical of many
local authority and government buildings which were built in the
1960s using asbestos materials, which the school and local
authority knew were still present in the fabric of the building. In
2003, electrical contractor Briggs and Forrester was contracted to
undertake relatively minor electrical works, for the sum of £725.
The school's architect, PHP, knew that asbestos ceiling tiles would
have to be removed for cables to be laid and, as a result, Briggs
and Forrester engaged the services of specialist asbestos
sub-contractor B&W.
The judge ruled that the subcontractor's actions in removing
asbestos tiles from the school led to the widespread contamination
of the school with asbestos fibres. Interestingly, the judge found
that although there was no formal contract between the main
contractor and the sub-contractor, the main contractor was
responsible for ensuring good working practices. Briggs and
Forrester was granted a full indemnity of 100% and was sued for
nearly £7m. Although the school's architect had been aware of the
asbestos
tiles, the use of a subcontractor meant that the architect was not
responsible for the contamination.
Andrew Morgan, a Partner in the
Asbestos Claims Department of
international law firm Field Fisher Waterhouse LLP has previously
written about the
Control of Asbestos at Work Regulations. He comments "This
case shows the continuing dangers posed by asbestos in public
buildings. The actions of the subcontractors caused widespread
asbestos contamination. Anyone exposed to that asbestos
runs a risk of developing the asbestos cancer of mesothelioma in
years to come. It is of little comfort that they might be able to
claim compensation if the subcontractor or its insurer remains
available to be sued in the future."
For further information, please contact Andrew Morgan, Rodney
Nelson-Jones or Peter Williams on
020 7861 4000.