Builder not liable for negligence of contractor

In litigation where controversial decisions are not unusual, the NSW Court of Appeal has helped balance the ledger in its decision on negligence, the scope of the duty of care between sub-contracting parties and the liability of the employer of a working director.

The plaintiff, an employee and director of Reliance Pools, was injured whilst working on the construction of a swimming pool. The principal contractor on the building site, Uno Constructions, contracted with Reliance Pools to construct a swimming pool. Uno also contracted with AF Concrete Pumping to pump concrete up to the 7^th floor of the building where the construction work was being carried out. Reliance Pools in turn engaged C&J Concrete Sprayers to spray the concrete to form the floor and walls of the pool.