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Construction and materials industries

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Crime and punishment

Article Abstract:

In the UK, a case before the House of Lords should alert construction contractors to their legal duties regarding the health and safety of subcontractors, regardless of whether they are under the contractor's direct control. In Regina v Associated Octel Company Ltd., the law lords ruled that chemical plant operator Octel was responsible for injuries caused to a subcontractor who was working on the lining of a storage tank. The case was brought under Section 3 (1) of the Health and Safety at Work Act 1974, which requires employers to ensure that individuals working for them are kept safe.

Author: Akenhead, Robert
Publisher: Builder Group plc
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1996
Laws, regulations and rules, Subcontracting

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What the judgement means

Article Abstract:

A case heard in the UK courts relating to the Public Works Contracts Regulations makes it clear clients must clarify what criteria they are using to choose the best tender. A court decided Harmon CFEM Facades (UK) Ltd had not been treated on an equal basis with other firms when it had been asked to tender for work. The UK Corporate Office of the House of Commons will be obliged to pay compensation. Harmon and another cladding contractor were asked to tender for work on Porticullis House, Westminister. Seele/Avi were awarded the contract although Harmon did not tender for the same option.

Author: Akenhead, Robert
Publisher: Builder Group plc
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1999

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The case of the plaintiff

Article Abstract:

The management of Harmon CFEM Facades (UK) Ltd decided to take the Corporate Office of the House of Commons to court when it failed to win the bid to carry out construction work. Through examining documentation, formerly in the hands of the defendants, Harmon was able establish the House of Commons were following a policy of preferring a British firm. The judge was unhappy documentation had been lost by the defendants. Harmon took a risk in mounting the case. They had to fund a bond worth 650,000 pounds sterling to pay the defendant's costs if they lost the case.

Author: Pigott, Ashley
Publisher: Builder Group plc
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1999

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Subjects list: Construction industry, Cases, United Kingdom. Parliament. House of Commons, Harmon CFEM Facades (UK) Ltd
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