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McArdale v Andmac Roofing (1967) 1 AER 583
"Control of contractors" which it was held that when an employer
engages an independent contractor and assumes the duty of
coordinating the work through an agent or servant the employer is
under a duty to see that reasonable safety precautions were taken
for the sub-contractor’s employees.
Facts
A company was employed as main contractors to refurbish Pontins
holiday camp in Liverpool. They hired sub-contractors to repair
roof. Mr McArdle, one of the sub-contractors employees, fell through
a hole left in the roof by employees of another sub-contractor.
The Decision
It was held that the main contractor, who had engaged a number of
contractors to do different jobs on the site, had the duty of
supervising the work of the sub-contractors in a safe manner. The
main contractors were liable for failing to take steps to ensure
that gaps were not left in the roof.
Note
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