Fisher Scoggins Waters acts for clients throughout the UK following Fire Damage Claims which include Welding Warranty disputes
United Marine Aggregates Limited -v- G M Welding & Engineering
On 2nd April 2012 Edwards-Stuart J handed down his decision in United Marine Aggregates Limited -v- G M Welding & Engineering Limited  EWHC 779 (TCC).
The Defendant welding company was undertaking Hot Works at the Claimant's premises when a fire started causing in excess of £4m worth of damage. The Court, whilst satisfied that UMA and the insurers had proved that the fire was probably caused by spatter from oxy-propane cutting igniting either the lining or the mastic in the underpan, held the Defendant was not liable for the damage.
The Burning and Welding Warranty
A typical Burning and Welding Warranty may state:
It is a condition precedent to liability that in respect of the use of oxy acetylene or similar welding or cutting equipment the following precautions will be complied with at every occasion:
The area in the immediate vicinity of the work shall be cleared of all movable combustible material. The combustible materials which cannot be moved and (sic) must be covered and protected by over-lapping sheets or screens of non-combustible material.
Whilst the insurer failed with (or withdrew) two of its allegations of breach, the Court considered the position on one requirement to be clear. This particular part of the warranty required combustible material which cannot be moved to be "covered and protected" by non-combustible material.
If you would like more information on how Fisher Scoggins Waters could make a difference to a Fire Damage Claim or more information regarding Welding Warranty then please contact Charlotte Waters by telephone on 0207 993 6960.
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