Proportionate Liability – Dividing the Construction Industry

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By Andrew Hazer,  Associate 

The regime of proportionate liability under the Civil Liability Act 2002 (NSW) (“the CLA”) and corresponding statutes in other jurisdictions, provides that the liability for loss be apportioned between concurrent wrongdoers.

At times, this regime can complicate and prolong the pursuit, through proceedings, for damages.

Contractors, consultants and suppliers must be aware of whether proportionate liability applies to their contractual arrangements and of the resulting implications. This article provides a guide to both.

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