The Ingenieur Vol. 65 Water Power | Page 71

>> the contractor is liable unless the cause of the injury or death can be attributable to the employer within the ambit of the relevant provision; fault or default of the contractor. Here, the different forms of conditions of contract have employed varying drafting styles in describing such fault or default; typical examples being: >> where both the contractor and the employer are the cause of the injury or death, then there will be an apportionment of liability between them in proportion to contribution to the cause; >> ‘any negligence, omission, default and/ or breach of contract …’: Clause 18.1 PAM Contract 2006 (With Quantities), PAM C ontr ac t 20 0 6 ( W i thou t Quantities); >> ‘any act, omission, breach or default …’: Clause 14.1 JKR Forms 203 & 203A (Rev 1/2010); Clause 38.2 PWD Form (Rev 1/2010). >> generally, unless it is expressly provided for to the contrary, the employer carries full liability for neutral or non-negligent risks: Callaghan and Anor trading as RW Construction v Hewgate Construction;45 In essence, even if not specifically mentioned such fault or default extends even to negligence causing the personal injury or death: Sharpe v ET Sweeting & Son Ltd;41 AC Billings & Sons Ltd v Riden.42 ●● 41 42 43 44 45 46 47 48 It is trite that under this category of Indemnity, the contractor is liable unless the employer is proven to be so. The contemporary development is that the contractor’s liability for indemnification is generally excluded or reduced to the extent that injury or death is caused by any act or neglect of the employer or anyone for whom the l