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Construction and materials industries

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Wrong first time

Article Abstract:

UK courts have recently had to look several times at the issue of seeking a contribution or indemnity against a claim for loss or damage in relation to construction cases. In Birse Construction v Haiste and Newton, it was ruled that 'the same damage' stated in Section 1(i) of the Civil Liability (Contribution) Act 1978 can only refer to the damage suffered by the same person. In J Sainsbury v Broadway Malyan & Ernest Green Partnership, it was ruled that, in assessing contribution, the party liable to contribute should not be made to pay compensation for elements for which he could not have been held liable if he had been sued directly.

Laws, regulations and rules, Column, Criminal liability

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Don't talk to strangers

Article Abstract:

Consultants working in the UK construction industry should ensure that any contracts include a clause which limits the liability of advice given to their clients, and excludes third party liability. Court cases have found that architects were liable for costs awarded against their clients as a result of their own poor workmanship. Building professionals are liable to third parties if they are aware that any information will be passed on the another party.

Interpretation and construction, Cases, Third parties (Law), Liability (Law), Legal liability

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Day of the triffids

Article Abstract:

Contaminated land and its risks are not favoured by construction contractors especially when they are responsible for cleaning up the land. Legally contamination can also include plants and weeds, not just chemicals.

Environmental aspects, Contamination, Land use

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