The following Construction practice note provides comprehensive and up to date legal information covering:
This Practice Note looks at some of the key considerations that may need to be taken into account when a party to a construction contract is formulating the quantum aspects of a claim. It looks at considerations for common claims made under the contract (for example, in relation to loss and expense), as well as those where the dispute arises from a breach of contract or negligence claim (ie a claim for damages).
This Practice Note also discusses common losses that may be recoverable, such as damages relating to defects claims, future losses, wasted management time, loss of a chance and third party settlement sums.
Aside from ascertaining the recoverability and value of a loss itself, other relevant quantum considerations can include whether the claim for quantum should be presented as a ‘global claim’, mitigation and betterment issues, contributory negligence and contractual restrictions or exclusions.
When it comes to the question of loss in a dispute, the burden of proof is on the claimant to prove both the fact of and the amount of its loss.
For a more look at some of the key and/or recent cases dealing with common heads of losses in construction disputes, such as in defects claims, loss of profit, overheads and preliminaries, wasted management costs, third party claims (ie recovering amounts that have been settled with third parties), see Practice Note: Quantum
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