Quantum in construction disputes—key cases
Quantum in construction disputes—key cases

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

  • Quantum in construction disputes—key cases
  • Defects
  • DR Jones Yeovil v The Stepping Stone Group
  • Williams Tarr v Anthony Roylance
  • Moore v National Westminster Bank
  • SSE v Hochtief
  • NP Intergrated Technology v Entwistle
  • Triuva v Galliford Try
  • 125 OBS v Lend Lease
  • Birse v Eastern Telegraph
  • More...

This Practice Note sets out some of the key and/or recent cases that deal with heads of losses which are commonly claimed in construction disputes, such as in defects claims, for loss of profit, overheads and preliminaries, wasted management costs, passing on settled claims and other examples. It is not intended to be a comprehensive summary of all cases (and is focussed on construction cases rather than general principles), but is a useful starting point when considering various claims.

For details on some of the key considerations that may need to be taken into account when a party on a construction project is formulating the quantum aspects of a claim, see Practice Note: Quantum in construction claims. That Practice Note highlights considerations for common claims made under the contract (for example, in relation to loss and expense or suspension), as well as those where the dispute arises from a breach of contract or negligence claim (ie a claim for damages). It looks at the thresholds and tests for common heads of losses, as well as other relevant quantum considerations including the use of global claims, mitigation and betterment, contributory negligence, contractual restrictions or exclusions and supporting quantum claims.

Defects

This section includes key examples of the court’s approach to determining the cost and reasonableness of remedial measures, as well as assessing damages based on the cost of

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