Webinar recording: Proportionate Liability - more than just an abstract legal term
Date recorded: 28 June 2018
‘Contracting out’ of proportionate liability legislation can have significant consequences for a consultant involved in a construction project which becomes adversarial, particularly where some participants in the project enter bankruptcy or liquidation. Without proportionate liability, in a worst case you can end up having to pay compensation for 100% of the Plaintiff’s loss, even though your mistake was only a minor contributor to the problem.Like all decisions, your agreement or otherwise to ‘opt out’ should be made with a full understanding of the consequences.
Join us to hear from Katherine Allsop, Senior Associate, Yeldham Price O’Brien Lusk on the fundamentals of ‘proportionate’ liability; how it differs from ‘joint and several’ liability and, through an examination of cases, the implications of proportionate liability on the day-to-day practice of construction professionals. Learn what to look out for when entering into contracts and hear our speaker’s thoughts on what might be on the horizon in relation to proportionate liability regimes across the country.
Learning Objectives:
Following completion of this webinar, you should have an understanding of the fundamentals of ‘proportionate liability’; when proportionate liability legislation does and doesn’t apply; how it differs from ‘joint and several’ liability; what the consequences of ‘contracting out’ of proportionate liability are; and how proportionate liability might operate in differing contracting structures and dispute resolution forums.
Units of Competency / Performance Criteria (as per the National Standard of Competency for Architects 2021):
PC 5
Cost
Standard - $80
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