The basic premise of a Construction claim and indeed any civil claim in English common law is that a party suffering a breach of contract should be put back into the position as if the breach had not occurred.
However, it is for the claimant to prove, on the balance of probabilities the following:
- That a breach has occurred
- There is an entitlement to damages and
- Prove that a loss has been incurred
In this regard, claims under a construction contract must demonstrate the following:
- Identify the factual event that gives rise to the breach
- Confirm the contractual term(s) breached and relied upon
- Show the effects of that breach and
- Demonstrate the loss incurred
It is therefore of paramount importance that factual evidence of the above is maintained. It has to be recorded at the time of the occurrence in order to prove your case. The factual evidence in most cases is not difficult to maintain. It is often site records in the form of daily record sheets, progress reports, site diaries, photographs and any other related information used in the daily administration of construction projects.
Our Contract Administration page highlights the importance of maintaining a robust procedure for administrating a contract. This is even more important if a claim arises and a party has to prove their case. The probability of the success of a claim is often evident from early discussions and an assessment, examining the supporting information substantiating the claim.
Construction claims come in many forms. However, they are primarily ether time or money related. Successful extension of time claims are primarily about relief from liquidated damages and a trigger enacting claims under the contract for loss and/or expense.
Do you think you have a potential entitlement issue or claim that is not getting resolved? Feel free to call us on 01727 861 510 – we look forward to your call.
Knowing your contractual position at the outset, prior to expending time and money preparing a claim, is the first stage. Further assessment is then required to establish the strengths of the facts and the substantiation that is in place. Once these stages are complete the drafting of the claim document can commence.
Lindford Consulting have many years of experience and expertise in the preparation and presentation of Construction claims. We’re also experienced in defending claims for opposing parties. Our knowledge of Construction contracts and the applicable laws puts us in a primary position to provide good advice from initial appraisal through to taking the claim to Adjudication, or supporting legal teams in Arbitration and litigation.
Contact us today for further information.