Will a global delay or loss-and-expense claim fail because individual cause and effect are not fully separated?
A global presentation is not automatically barred, but it does not relieve the claimant of proving actionable events, causation and recoverable loss. The available records and the practical ability to separate the claim matter.
A global claim may succeed where causal interaction prevents reliable separation, provided the claimant proves the relevant events, responsibility, overall causation and a sound calculation of loss
The claimant should identify each contractual event, explain its effect on the works and show how the defendant-responsible events caused the claimed loss. A composite assessment may be permissible where losses cannot sensibly be divided event by event. If material causes for which the defendant is not responsible contributed to the total, the claimant must remove, isolate or rationally allow for them. A bare subtraction of tender cost or payment from total actual cost is exposed to failure because it may include underpricing, inefficiency, defects or other claimant-risk matters.
| Issue | Position |
|---|---|
| Events and contractual responsibility | Must be identified with adequate detail |
| Individual causal allocation practicable | Use it rather than a rolled-up presentation |
| Complex interacting effects | Composite assessment may be permissible |
| Material claimant-risk cause | Must be excluded or rationally allowed for |
| Total-cost calculation | Requires proof beyond the accounting difference |
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