Generally speaking, any claim of negligence which is made in the context of a contractor or independent contractor relationship will ground a claim in breach of contract. Be that as it may, it might be the case that the industry or profession in which the independent contractor has been engaged is one in which professional negligence claims may be investigated. In broad terms, these investigations will be fact heavy as the evidence will need to establish that a breach has occurred to the requisite standard of care. The actual written (or verbal) contract will be the most obvious place to start making inquiries about the rights and liabilities of the parties to an independent contract.
It may also be necessary to adduce expert evidence to ground such a claim. The facts will then need to be assessed and analysed in accordance with the law as it stands at the time of the alleged breach. This can be a very complicated process and it is advisable that a solicitor of some year standing be retained to assist in the pre-litigation procedures before steps are taken in either:
- Preparing a claim against an independent contractor; or
- Preparing a defence for an independent contractor against an allegation of negligence.
For more information, please see our page titled “Contractors.”
If you require legal assistance with a matter involving an independent contract and an allegation of negligence against him, you may wish to contact our firm by telephone on (02) 9233 4048 or email us at info@navado.com.au and make an appointment to see one of our solicitors.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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If you require assistance with a matter, you should make an appointment to see one of our Lawyers in one of the following locations:
- Sydney