Nottingham Community Housing Association Limited v Powerminster Limited
Friday, 30 June 2000
Key terms: Declaration - Section 105 - Construction operations - annual service agreement - maintenance and repair - Gas appliances
Nottingham Community Housing Association employed Powerminster Limited to carry out annual servicing on gas appliances and also to supply a responsive repair and breakdown service. The question arose as to whether the services constituted “construction operations” within the meaning of Section 105 of the HGCRA.
In respect of Section 105(1)(a), Mr Justice Dyson held that the maintenance and repair of the heating systems that had already been installed in the building were operations within paragraph (a). To conclude that construction operations only comprised the installation of heating systems was to place a too restrictive interpretation on the HGCRA. In the light of the “mischief” at which the HGCRA was aimed it was not possible to see why parliament would include the installation of heating systems but then exclude their alteration or demolition.
However, if paragraph (a) were wide enough to cover repair then why did parliament include paragraph (c) which appeared to be redundant. The Judge took the view that it was inserted simply because it was sensible to do so. As a result an annual service agreement and an agreement for responsive repair and maintenance in respect of gas appliances and construction operations for the purpose of the HGCRA.
In respect of Section 105(1)(a), Mr Justice Dyson held that the maintenance and repair of the heating systems that had already been installed in the building were operations within paragraph (a). To conclude that construction operations only comprised the installation of heating systems was to place a too restrictive interpretation on the HGCRA. In the light of the “mischief” at which the HGCRA was aimed it was not possible to see why parliament would include the installation of heating systems but then exclude their alteration or demolition.
However, if paragraph (a) were wide enough to cover repair then why did parliament include paragraph (c) which appeared to be redundant. The Judge took the view that it was inserted simply because it was sensible to do so. As a result an annual service agreement and an agreement for responsive repair and maintenance in respect of gas appliances and construction operations for the purpose of the HGCRA.