This is the joining of a person/s to an action where common questions of law or fact arise.
Many construction disputes are resolved by the major participants to being joined in one proceeding. The benefit of this is that all related disputes are dealt with at once, with the consistency of being resolved by a single judge, jury, adjudicator, arbitration panel and so on.
For example, where design flaws are alleged to have contributed to a defect in the construction works, employers may seek to have the design professional(s) added as a party to proceedings to either defend their services or accept liability. Alternatively, two claimants could have a joint right, for example where there are joint contractors suing another party to the contract.
When courts are presented with a claim comprising a number of causes of action or parties that have been joined together, they have the power to separate them if the joinder is regarded as inconvenient. This could be because the joinder makes the claim unnecessarily complicated, or may cause delays or increase the costs in the claim.
An alternative to joinder is consolidation. This involves two or more separate claims with a strong link with each other being continued together with one claim being nominated as the lead. For example, this could be appropriate when the same allegations of negligence or breach of contract are made against the same defendant but in relation to different claims. Again, the court must exercise their power to consolidate claims with consideration of the time and cost implications.
Related articles on Designing Buildings Wiki:
- Construction Industry Model Arbitration Rules CIMAR.
- Construction litigation.
- Contribution and apportionment.
- Damages in construction contracts.
- Decennial liability.
- Good faith in construction contracts.
- Legal and equitable assignment
- Negligence in building design and construction.
- Recovery of third party losses.
 External references
- ‘The Construction Contracts Book’ (2nd ed.), BRENNAN, D.S. et al, American Bar Association (2008)
- InBrief - Joining participants and causes of action
Featured articles and news
Have a look at our article explaining the different types of construction contractor.
Futurist Thomas Frey explores the concept of Disposable Housing - could it be a reality sooner than we imagine?
ICE to host new exhibition offering a window onto the civil engineering achievements beneath our feet.
Do you know all the various types of defects in brickwork?
US museum reveals plans for an installation made entirely of paper tubes.
Review of a book looking at how contemporary architecture found its expression within neoliberal capitalism.
The Great Mosque of Djenne, the largest mud-brick building in the world.
Amanda Clack, RICS President offers recommendations to government on Brexit and the construction skills shortage.
Tired of the commute? This architecture firm believes the best solution is to take cars underground.
Why do so many women leave engineering? Probably not for the reason you’re thinking.
For over 30 years David Trench was one of the UK's leading project managers. Read about his career through some of his most famous projects.
Leading institutes join forces calling for property flood resilience measures to help householders avoid repeat flooding.