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Showing posts from August, 2009

Risk Allocation in FPSO Conversion – Personal Injuries

Focal point of this article - effectiveness of indemnity clause. Background: The Plaintiff (an electrical engineering technician) was an employee of U-Hin Manufacturing Pte Ltd, first defendant”). The first defendant supplied workers (including the Plaintiff) to BT Engineering Pte Ltd (“the second defendant”) for work on a vessel conversion project called FPSO Mondo for Keppel Corporation. (“FPSO” see [1] below). On 5 June 2007, the Plaintiff while working (under instruction of the second defendant’s foreman) sustained personal injuries and three fingers of his left hand had to be amputated. The Plaintiff was offered $88,200 as compensation under the Workmen’s Compensation insurance. He rejected this and sued the first and second defendant at common law for negligent and breach of statutory duty, “ inter alia in not ensuring that the pipe spool was guarded or shored to prevent it from falling or collapsing due to work being carried out in the vicinity.” Both defendants disputed the