●●
It might be argued that each of the above
terms is a legal term of art or alternatively
are synonymous and a mere exercise of
semantics. Be that as it may, although the
general intent might be clear, the actual
meaning that needs to be ascribed to the
particular term will need to be elicited from
the proper construction of the provision in
question.
>> is due to any negligence, omission or
default of the contractor or any person
for whom the contractor is responsible.
●●
>> the contractor itself; and/or
>> any person for whom the contractor
is responsible, ie its agents, servants,
persons who may be on site in
connection with the works (eg, subcontractors, nominated, domestic,
novated, etc).61 It therefore excludes
the employer and persons for whom
the employer is responsible, local
authorities, statutory undertakers, etc.62
as to the second component, here again
there is a divergence in the various express
provisions; the common labels being:
>> ‘property real or personal’;56 or
>> merely ‘proper ty’ only 57 wi