McArdale v Andmac Roofing (1967) 1 AER 583 - McArdle -v- Andmac Roofing Co

Issue

"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.

Court:

 

Act, Regulation or Reference:

 

Date: 1967

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.

Notes

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