We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

WILMOTT DIXON CONSTRUCTION LTD v ROBERT WEST CONSULTING LTD

Construction Law Reporter

WILMOTT DIXON CONSTRUCTION LTD v ROBERT WEST CONSULTING LTD

Liability for the acts of independent contractors - Non-delegable duties - Contributory negligence

The claimant contractor brought a claim against the defendant engineers in which it alleged that design work in relation to an existing gable wall was defective and that the underpinning caused damage to the party wall. The defendant sought to rely on the defence of contributory negligence, alleging that the claimant was responsible for the negligence of its independent contractor. Initially this defence was put on the basis that the claimant had actual knowledge of the fact that the independent contractor was carrying out the work in a foreseeably dangerous way. The present proceedings concerned the defendant's attempt to broaden the scope of its defence by alleging that the claimant was vicariously liable for the work of the independent contractor and, in this respect, the defendant sought to rely upon a line of cases in which a sub-contractor is entrusted with work which involves the withdrawal of support from neighbouring property.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, please enter your details below to log in.

Enter your email address to log in as a user on your corporate account.
Remember me on this computer

Not yet an i-law subscriber?

Devices

Request a trial Find out more