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CHAPTER 16 The problem of “global” claims

Remedies in Construction Law

Page 227


The problem of “global” claims

The problem of “global” claims

16.1 Construction contracts frequently produce difficult problems of the causative impact of numerous events acting simultaneously or sequentially, causing delay, disruption and expense. Contractors often argue that separating out and identifying individual events and tying those events to specific effects, be the effect delay, disruption or expense, is impossible or impractical. Employers often contend in response that the contractor must do just that – identify the event relied upon, the contractual basis for claim, and the consequence of the event. In front of courts or arbitrators the cry will come from the employer that the claim put forward is underparticularised and should be regarded as an impermissible “global claim”, a “total cost claim” or a “total time claim”. Sometimes the contractor is capable of better particularising the claim but wishes for tactical reasons not to do so. Sometimes it simply is impossible for the contractor to do so. Very often the reality lies somewhere in between these two positions.

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