Negation of joint and several liability in certain cases
158 Negation of joint and several liability in certain cases
If—
building work is defective; and
the defect or defects arise from the wrongful acts or defaults of 2 or more persons; and
those persons would, apart from this section, be jointly and severally liable for damage or loss resulting from the defective work; and
an action is brought against any 1 or more of those persons to recover damages for that damage or loss, the court may only give judgment against a defendant, or each defendant, for such amount as may be just and equitable having regard to the extent to which the act or default of that defendant contributed to the damage or loss.
An act or default for which a person is vicariously liable will be taken to be an act or default of that person for the purposes of this section.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.