Tag Archives: Insurance

New Case Law on Limitation of Liability 1

Bicknell Business Adviser • Tags: , , , , ,

This case involves a Project Manager who tried to limit his liability on a Construction Project

http://www.bailii.org/ew/cases/EWHC/TCC/2012/2137.html

The Trustees of Ampleforth Abbey Trust v Turner & Townsend Project Management Ltd [2012] EWHC 2137 (TCC)

In summary the dispute was between the Project Manager and the employer over the building of new boarding accomodation the quality of work was not disputed but there were delays.

The Employer claimed that if the Project Manager had acted with care and skill, it would have ensured the Contractor execute the building contract (rather than letters of intent) and that would have produced a more advantageous outcome in the dispute with the Contractor for delay, as the Contractor would have been liable for liquidated damages.

When submitting its fee proposal for this project, the Project Manager attached its standard terms and conditions, including a limitation of liability which had not formed part of the Project Manager’s appointment on two earlier projects at the college.  A limitation on liability incorporated into the Project Manager’s retainer, on this third project was found to be unenforceable as it did not meet the requirement of “reasonableness” as set out in the Unfair Contract Terms Act (UCTA) 1977.

Had the limitation been enforceable, the Project Manager’s liability would have been limited to the amount of its fee, which totalled £111,321. The Employer was instead awarded damages of £226,667.

The case has been circulate and written up by Law Now

http://www.law-now.com/DirectMail/%7B2E6BA698-284E-44D6-B906-CBA2DE28F3C8%7D_profapptmpfsept12.htm

Well worth a read
steve@bicknells.net

ABI to withdraw notification of Bank’s interest on Insurance Policies Reply

Accounting, Bicknell Business Adviser • Tags: , , , , ,

Since 1992, an agreement has been in place between the Association of British Insurers (‘ABI’) and the British Banking Association (‘BBA’) whereby a bank could notify its interest in relation to secured properties and the insurers would tell the bank of any cancellation or alteration in cover, with a grace period to allow the bank to arrange its own policy if the borrower had failed to maintain the required cover.

Last September the ABI announced that they were ending this agreement and that co-insured status either as Joint Insured or Composite Insured would be the only options open to Banks. These options are likely to increase insurance premiums.

Banking sources tell me that last week it was agreed that ABI would extend the agreement with BBA to December 2012, the BBA are yet to issue guidance and comment.

steve@bicknells.net