Contribution claims under the Civil Liability (Contribution) Act 1978 are a common feature of commercial disputes. They are especially common in TCC proceedings given the nature of construction and engineering projects. There are often multiple professionals and parties involved in projects each owing a duty to the Employer either under direct contracts, collateral warranties or less commonly in tort.
The parties are best served in terms of early costs protection offers and also in terms of avoiding proceedings altogether if they put their mind to apportionment of liability at an early stage. Although parties will often plead a case that the contributor must offer a full indemnity, pleadings tend to be scant as to why the other party should bear the brunt of any apportionment. It is advisable to put one’s mind to this issue and plead positive reasons why if one’s client were liable to the Main Claimant for the same damage that the other party should pay more.
Considering Apportionment of Liability between Construction Professionals under the Contribution Act 1978. Technology and Construction Bar Association Review, Informa.
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