Damages and exclusions

Due to the nature of construction projects, it is common for parties to raise claims relating to breaches of contract or negligence. As a result, the question of damages for these types of breaches, and how to minimise liability if faced with a claim, is extremely important.

Damages

The normal function of damages for breach of contract or negligence is compensatory—ie the aim is to compensate the innocent party for its true loss and place it in the same position, so far as money can do so, as it would have been in had the contract been performed or, in tort, as if the wrong not been suffered. Notwithstanding this difference in the contractual and tortious measures of damages, in many cases, the same result will follow from the application of either measure.

Practice Note Quantum in construction claims highlights some of the key considerations that parties to construction contracts should consider when formulating the quantum aspects of a claim for damages—including issues of causation and remoteness, the use of global claims, mitigation and betterment, contributory negligence, contractual restrictions or exclusions and supporting quantum

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Powered by Lexis+®
Latest Construction News

Scottish Government launches consultation on housing delivery incentives and penalties

The Scottish Government has launched  a consultation seeking views on measures to accelerate the build-out of homes on sites already identified for housing development, in response to falling housing starts and completions despite a substantial pipeline of consented land. The consultation supports the Housing Emergency Action Plan and related planning commitments, and examines whether incentives, penalties or other interventions could increase delivery rates, including for small and medium-sized housebuilders, within a plan-led, infrastructure-first framework under National Planning Framework 4. It is informed by evidence that slow delivery is driven primarily by post-consent factors such as market absorption rates, viability constraints, infrastructure costs, public sector risk exposure and limited developer capacity or commitment, rather than by the planning permission process itself. Drawing on previous reviews and research by bodies including the Competition and Markets Authority and the Scottish Land Commission, the consultation outlines potential approaches such as land assembly, public sector-led development, reform of compulsory purchase and sales powers, and policy tools to influence build-out rates, and notes that any future action may require legislative change in the next parliamentary session and would be subject to appropriate impact assessment. The consultation closes on 30 April 2026.

View Construction by content type :

Popular documents