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CHAPTER 15 Recovery of damages and costs

Remedies in Construction Law

Page 205


Recovery of damages and costs

Recovery of damages and costs

15.1 One person’s breach of contract or tort will often cause another to incur legal liability to a third party – for example in a simple chain of contracts where A is the employer under the main contract with B, and B subcontracts to C, C’s breach of his subcontract with B may place B in breach of his main contract with A. This chapter considers the circumstances in which losses consisting of a liability to pay damages to a third party or costs of third party proceedings may be recovered. This raises a number of procedural issues as well as issues of substantive law.

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