Hewden Tower Cranes Ltd has failed in its challenge to a Technology & Construction Court preliminary ruling relating to the climbing operation of cranes under a CPA model contract.
Judge Seymour QC held that the collapse, in May 2000, of a crane hired by Yarm Road Ltd during construction work on the new HSBC headquarters at Canary Wharf occurred while it was being erected under the exclusive control of Hewden.
Hewden argued that the crane collapsed while its height was being increased by “climbing”: this involved attaching it to the building by a series of ties, which created stability and allowed further sections to be fixed to the top.
It maintained that, on a proper construction of the CPA conditions, “erection” was to be construed as the initial erection, and not the later increases in height by climbing.
Dismissing the appeal, Pill LJ held that the climbing operation fell within the meaning of “erection”. He stated that the erection of the crane could not be said to have been completed because 27m of plant were still to be added.
Yarm Road Ltd and another v Hewden Tower Cranes Ltd Court of Appeal (Pill and Laws LJJ and Sir Martin Nourse) 16 July 2003.
References: PLS News 31/7/03
