Construction Magazine January 2016 | Page 18

MANAGEMENT / PLANNING
Construction Industry : the case for reform calling for the introduction of proportionate liability and a statutory capping regime on insurance claims . However no reform has taken place and none is currently proposed . Parties seeking to avoid the consequences of joint and several liability therefore rely upon express terms in their contracts to ‘ rebut ’ the presumption that they have accepted joint liability for the other person ’ s actions . The most common are ‘ net contribution ’ clauses , which limit the

‘ Parties seeking to avoid the consequences of joint and several liability therefore rely upon express terms in their contracts to ‘ rebut ’ the presumption that they have accepted joint liability for the other person ’ s actions ’

18 January 2016