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Published 9 April 2014
As defects in construction projects are often attributable to more than one party, construction professionals and their insurers will be heartened by a recent Court of Appeal decision (overturning the first instance decision) which holds that a net contribution clause was effective in limiting an architect's liability against his consumer client. Such clauses seek to displace the common law principle of joint and several liability, which can render one party 100% liable for damages whatever their true share of liability.