Commentary

44.2 Use of ‘joint and several’ liability clauses

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

44.2 Use of ‘joint and several’ liability clauses

| Commentary

44.2 Use of ‘joint and several’ liability clauses

Issues arise in construction contracts where several contractors make a joint bid for the contract. A party contracting with several other parties acting together will invariably wish to insert a clause stating that liability is to be joint and several, as this will give the first party the ability to proceed against the most solvent and accessible of the co-contractors. This is particularly useful if any of the contractors is not a UK resident. The advisers of the co-contractors may need to exercise care in the wording of any ‘joint and several’

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