Fairclough loses House of Lords clean-up challenge

Fairclough Building has failed in its House of Lords challenge to an order that it must pay compensation for clean-up work, after being found guilty of causing asbestos contamination.

Fairclough Building - now part of Amec - was found 60% to blame for contamination which took place at a warehouse owned by Barclays Bank at Wythenshaw, near Manchester, after being sued in the High Court in May last year.

Fairclough carried out maintenance work at the warehouse under a standard form contract and the contractual obligations included cleaning and treatment of asbestos cement roofing sheets.

But in the course of the work asbestos fibres were released and carried into the warehouse giving rise to the need for decontamination work. It was that work which Barclays Bank claimed compensation for.

In the High Court, Judge Havery found that Fairclough were to blame but ruled that Barclays should bear 40% of the clean-up cost because of contributory negligence.

The Court of Appeal in May this year, however, ruled that Fairclough should pay 100% of the bill.

Now the House of Lords has upheld that decision and refused Fairclough leave to challenge it before the Law Lords.