Cladding Claims: Apportioning liability – an Australian Perspective

A fact specific recent decision by the Victorian Civil and Administrative Tribunal in Australia has found that the contractor was liable to pay damages caused by a cladding fire, which occurred in November 2014. However, the contractor was successful in passing on the liability to the fire engineer, building surveyor and architect on the project.

This is the first decision in Australia to consider the apportionment of responsibility between different parties for the installation of non-compliant combustible cladding.

In this article, Nathan Modell and Priya Thakrar provide an insight into this unique case, and explain how this decision came about.