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DISRUPTION CLAIMS – A TWO-STEP CAUSATION REQUIREMENT

International Construction Law Review

DISRUPTION CLAIMS – A TWO-STEP CAUSATION REQUIREMENT

MIKAL BRØNDMO*

Partner, Advokatfirmaet Haavind AS

ABSTRACT

This article discusses the causation requirement for disruption claims under English, Swedish and Norwegian law. There is already a two-step causation requirement for disruption claims in Norwegian law, as confirmed by the Norwegian Supreme Court in a judgment in 2019. It is argued here that causation should also be proven in two steps in disruption claims under English and Swedish law. Although the article’s focus is the causation requirement, it also touches on the other basic requirements that need to be fulfilled in order for disruption claims to be successful.

1. INTRODUCTION

Disruption claims are a common form of dispute in construction projects. Such claims can be difficult for the contractor to substantiate and are consequently problematic for the employer to accept.1
Disruption claims are well-known across jurisdictions and can be seen in all types of construction contracts, including contracts for the construction of infrastructure, buildings, oil and gas platforms, ships and wind farms. Analysing the way in which different jurisdictions handle disruption claims
Pt 1] Disruption claims – a two-step causation requirement

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