This clause means each party is only responsible for their own share of the damage or breach—not for anyone else's share. For example, if three contractors work on a project and one causes £100,000 in damage, that contractor pays £100,000, not all three together. This is the opposite of "joint and several liability," which would let you sue any one of them for the full amount. Several liability protects you from being forced to pay for someone else's mistake, but it also means if the other party can't pay their share, you might not recover the full amount you're owed.
Accept this clause if you're confident the other party can pay their share of any damages. However, if you're dealing with a small or financially weak company, try to negotiate for joint and several liability instead, or at least get a personal guarantee from the owner. This gives you more options for recovery if something goes wrong. ---
Frequently Asked Questions
What does this clause mean in simple terms?
This clause means each party is only responsible for their own share of the damage or breach—not for anyone else's share.
Why should I care about this clause?
For example, if three contractors work on a project and one causes £100,000 in damage, that contractor pays £100,000, not all three together.
What are my options?
This is the opposite of "joint and several liability," which would let you sue any one of them for the full amount.
How does this affect small businesses?
Several liability protects you from being forced to pay for someone else's mistake, but it also means if the other party can't pay their share, you might not recover the full amount you're owed.