Terms of main contract may preclude contribution claim
When taking out insurance cover, a party to a building contract, say an architect or civil engineer, should consider the possibility that in the event of a mishap, he may be unable to recover contribution from other contractors who, but for the terms of the main contract, would be held partly to blame. The reason lies in the workings of the Civil Liability (Contribution) Act 1978, which is considered (in a different context) in
All this and more emerges from
Terms of main contract may preclude contribution claim
When taking out insurance cover, a party to a building contract, say an architect or civil engineer, should consider the possibility that in the event of a mishap, he may be unable to recover contribution from other contractors who, but for the terms of the main contract, would be held partly to blame. The reason lies in the workings of the Civil Liability (Contribution) Act 1978, which is considered (in a different context) in PP 2002/1.
All this and more emerges from Don’t blame me Estates Gazette 19 October 2002 and So who is really to blame, where John Murdoch analyses the House of Lords’ rejection of the contribution claims made in Co-operative Retail Services Ltd v Taylor Young Partnership Ltd [2002] UKHL 17 and also the case of Royal Brompton Hospital National Health Service Trust v Hammond (No 3) [2002] UKHL 14; [2002] 1 WLR 1397.
