A statutory authority that funds road works but does not exercise direct operational control over the risk of harm created by those works does not owe a duty of care to road users; the duty identified in [name withheld] v Singleton Shire Council applies to authorities which design, construct or carry out works on roads, not to funding bodies determining priorities. Courts should be slow to extend [name withheld] by imposing liability for negligence with respect to the allocation of public funds. An indemnity clause containing the words 'by the Contractor' will be construed as limited to claims arising from the contractor's conduct, not the principal's own negligence.
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