Chapter 21 Responses to proportionate liability
The appropriate practical response to proportionate liability will depend upon the location and the particular circumstances. Those responses may include:
- Contracting out provisions in NSW, Western Australia and Tasmania.
- Drafting contract obligations in terms of results, rather than process, and avoiding the inclusion of obligations requiring a party to exercise reasonable care.
- Specifically dismissing implied obligations to exercise reasonable care in services contracts.
- The principal obtaining indemnities concerning the works from parties who are not involved in the project and who cannot cause loss, such as parent companies.
- An arbitration clause in Victoria.
- Appropriate insurance.
- Careful pleading of claims.