A head contractor who co-ordinates, supervises and supplies materials to sub-contractors on a building site is performing 'building work' and is bound by reg 73 of the Construction Safety Regulations 1950, even though the specific trade work has been delegated to sub-contractors. The statutory duty is not wholly delegated where the sub-contractor was not particularly directed to take safety steps and was not supplied with necessary materials. A term requiring the head contractor to provide a safe system of work is implied by operation of law in contracts with independent sub-contractors where the head contractor directs when and where work is done and co-ordinates activities. Contributory negligence is not a defence to breach of contract (Astley v Austrust), and voluntary assumption of risk and contributory negligence are not defences to breach of statutory duty under reg 73.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
1 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.