On-demand webinarAustralia | 1 CPD point
In the construction industry, proportionate liability legislation aims to ensure that each party involved in a dispute bears its share of the principal’s loss. Whether it be from a failure to take reasonable care or from misleading and deceptive conduct, this legislation is designed to prevent parties suffering the loss recovering from the wrongdoer with the “deepest pocket”. However, there are nuances in the legislation across each Australian jurisdiction, including exceptions to the default allocation of liability and the opportunity to contract out.
Partner Ren Niemann and special counsel Jeffrey Goldberger will take a practical look at the legislative impact when drafting construction contracts, and also provide an update on recent cases involving proportionate liability.