A paper given to the Society of Construction Law Hong Kong on 28 September 2005
The meaning of "damage", and what constitutes damage for Contract Works Insurance claims have generated much litigation, both within the field of construction law and outside it.
The author examines various cases to identify an appropriate test for a working definition of "damage", highlighting the distinction between damages and defects and considering the standard defect exclusion wordings produced by the London market.
Introduction – Ordinary Rules of Construction – The Ordinary Meaning of Damage: Promet Engineering v Sturge – Ranicar v Frigmobile – Test for Damage – Defects – Defect Exclusions – Applying Defect Exclusions
The author: Nicholas Longley is a partner with Tanner de Witt, Solicitors, Hong Kong.