Q&As

Does the Civil Liability (Contribution) Act 1978 mean that a main contractor cannot pursue a contribution claim against a sub-sub-contractor/supplier on the basis that the latter is not directly liable to the employer?

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Published on LexisPSL on 30/01/2019

The following Construction Q&A provides comprehensive and up to date legal information covering:

  • Does the Civil Liability (Contribution) Act 1978 mean that a main contractor cannot pursue a contribution claim against a sub-sub-contractor/supplier on the basis that the latter is not directly liable to the employer?

Does the Civil Liability (Contribution) Act 1978 mean that a main contractor cannot pursue a contribution claim against a sub-sub-contractor/supplier on the basis that the latter is not directly liable to the employer?

This Q&A looks at the applicability of the Civil Liability (Contribution) Act 1978 (CL(C)A 1978) where an employer brings a claim against a main contractor for damages in respect of work carried out by a sub-sub-contractor that supplied certain materials for a project (supplier).

CL(C)A 1978, s 1 states:

‘Subject to the following provisions of this section, any person liable in respect of any damage suffered by another person may recover contribution from any other person liable in respect of the same damage (whether jointly with him or otherwise).’

This enables a party, who has

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