Contribution Claims & Contributory Negligence in Construction Disputes

Introduction

In an era of increasingly complex disputes involving multiple contractors, suppliers, consultants, insurers and building owners, a thorough understanding of claims for contribution under the Civil Liability (Contribution) Act 1978 and the defence of contributory negligence has never been more important.

The combination of the Building Safety Act 2022 reforms, extended limitation periods, evolving judicial guidance on contribution claims and increasingly sophisticated apportionment arguments mean that practitioners require a strong understanding of this area of law. Whether acting for claimants, defendants or insurers, delegates will leave better able to assess liability exposure, preserve contribution rights, deploy contributory negligence effectively and advise clients with confidence in an area where getting the law wrong can result in the loss of substantial recovery rights or the assumption of liabilities that could otherwise have been shared.

This webinar will also tackle a number of recurring problem areas, including contribution following settlements, claims involving insolvent parties, limitation periods and the practical consequences of recent court decisions.

What You Will Learn

This webinar will cover the following:

• The key principles of contribution claims under the Civil Liability (Contribution) Act 1978, including when a right to contribution arises
• How to establish whether parties are liable for the same damage and why this is often a key battleground in contribution claims
• The practical and strategic considerations involved in pursuing contribution claims, including limitation and settlement issues
• How courts apportion liability on a just and equitable basis between multiple parties
• The fundamentals of the contributory negligence defence and when and how it can reduce a claimant's recovery
• How contributory negligence and contribution claims interact in multi-party disputes
• The impact of recent developments, including recent cases