How to defend against a global claim
How to defend against a global claim

The following Construction guidance note provides comprehensive and up to date legal information covering:

  • How to defend against a global claim
  • Insufficient level of particularisation
  • The contract does not permit global claims or contractual pre-conditions have not been met
  • Some of the causes of delay are the claimant's responsibility
  • Is a successful challenge to a global claim the end of the matter?

A global claim (also known as a 'total cost', 'cumulative effect', 'composite' or 'rolled-up' claim) arises when a contractor seeks to claim for loss and expenses arising from delay or disruption, without proving a direct causal link between the event that caused the delay/disruption and the loss. This Practice Notes sets out key arguments that can be raised to defend against a global claim:

  1. insufficient level of particularisation

  2. the contract does not permit global claims or contractual preconditions have not been met

  3. some of the causes of delay are the claimant's responsibility

In simple terms, a global claim is one where a contractor has suffered loss caused by two or more different events which are employer risk events, but is unable or unwilling to identify the loss caused by each individual event. Therefore, there is one claim for all of the losses arising out of the various events. For more guidance on what a global claim is, general principles that are applicable, and some of the key guidelines for bringing such a claim, see Practice Notes: Global claims and What is required for a global claim to succeed?

Insufficient level of particularisation

When a party is faced with a global claim, it often appears tempting to apply to strike out the global claim on the basis that it does not provide