MAIN CONTRACTOR NOT OBLIGED TO ENQUIRE WHETHER SUB-CONTRACTOR’s EMPLOYEE KNOWS HOW TO USE EQUIPMENT

Makepeace v Evans Brothers (Reading)(a firm) ([2000] BLR 737)

In Makepeace v Evans Brothers (Reading)(a firm) [2000] BLR 737 the Court of Appeal held that a main contractor was not under a general duty to enquire whether an employee of a sub-contractor knew how to use a piece of equipment which was in common use in the construction industry. It is the responsibility of the sub-contractor who employs the employee to take reasonable steps to ensure that the employee is able to operate the equipment which he is likely to encounter in the course of his work. This is not to say that a main contractor will never owe a duty of care to the employees of others who comes on to the premises. Apart from the duty which is owed under the Occupiers’ Liability Acts in relation to the state of the premises, the main contractor may owe such a duty where, for example, he fails to co-ordinate the activities of more than one sub-contractor.