Litigation in the Technology and Construction Court

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Delay and disruption money claims


5.1 Delay-related money claims could be made by either the contractor or the employer. They could also be claims under the contract (made pursuant to a specific provision) or in damages at common law, for breach. Different considerations apply to each type of claim, but one important piece of practical advice applies to both: start with the money. In order to recover the claimed sum, it will be necessary to demonstrate that (1) the losses claimed have in fact been incurred1 and (2) those losses were caused by the specific event or breach relied on. It is much easier to focus properly on those hurdles if one starts with the actual losses and works backwards to the event/breach, as further described below. Further, it cannot be over-emphasised that contemporaneous documentary evidence is essential. ‘A party to a dispute, particularly if there is an arbitration will learn three lessons (often too late) the importance of records, the importance of records and the importance of records.’2

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