| Commentary

94 Assessment of claims

| Commentary

94 Assessment of claims

A contract may contain express terms dealing with the principles on which a contractor’s claims are to be quantified1. In the absence of an express contractual definition, it appears that an expression such as ‘direct loss and/or expense’2 means that the contractor’s entitlement is equivalent to that which would be awarded as damages for breach of contract3. Moreover, the contractor is entitled under such wording to recover ‘finance charges’ representing interest paid on money borrowed to cover the loss or interest on amounts met from the contractor’s own reserves for the period until the claim is

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