Iliffe & Anor v Feltham Construction Ltd

A large timber house on Green Island, Poole Harbour, was destroyed by a roofspace fire on 20 April 2012 while Phase 3 fit-out was nearly complete. The homeowners (Mr and Mrs Iliffe) sought summary judgment against Feltham Construction Limited, their main contractor, under CPR 24. Reviewing the Phase 3 tender, the architects emails of 5 July 2011, and Felthams subcontracting to Affleck Mechanical Services (with further sub-subcontracting to Docherty), the court held that a contract covering Phase 3 was concluded by conduct and incorporated the JCT Intermediate Building Contract with Contractors Design (2005, Rev. 2 2009), including Clause 2.1 obligations. Forensic evidence from Dr Goudsmit (Burgoynes) and expert views from Felthams and Afflecks experts established the fire began near the flue and was probably caused by non-standard, defective installation and inadequate clearance from combustibles. Feltham was contractually responsible for its subcontractors acts and omissions; alternatively, the Supply of Goods and Services Act 1982 implied a duty of reasonable care and skill. The court granted summary judgment for damages to be assessed and reserved the interim payment and costs issues for handing down.