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Construction Litigation: How a Negligence Claim can Fail if Parties Allocate Risk by Contract

A summary of Centurion Apartment Properties Limited Partnership v Loco Investments Inc, 2022 BCSC 2273

In settling the terms of a contract, parties often address how liability will be handled in the event of a loss, whether through limitation of liability clauses, indemnity clauses, or otherwise. In some cases, parties may also wish to seek redress outside of the terms of the contract through claims of negligence. As discussed in this article, however, such a claim may not always be successful.

As published in the NRCA’s Northern Construction Connection February 2023 Newsletter, and VICA’s e-New.

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