GLOBAL CLAIMS - The QSi - for Quantity Surveyors全球索赔QSI -工料测量师.docVIP

GLOBAL CLAIMS BY ROGER KNOWLES  GLOBAL CLAIMS Background The proper manner of presenting a claim where a legally binding decision is required is to link the cause, whether relating to delay, cost or other matter which forms the basis of the claim, with the effect. For example, if an Architect or Engineer is six weeks late in issuing to the contractor drawings for the foundations this would represent a typical cause being a breach of contract. The effect may be a six weeks delay to the completion of the works. To succeed in this claim the contractor would normally be expected to link the cause with its effect. The linking of cause and effect of delays and extra cost may not be difficult if they can be dealt with in isolation but often they arrive in significant numbers which creates a problem when trying to identify each cause and its effect. Contractors and subcontractors have overcome the problem by producing global or rolled up claims. As this type of claim does not satisfy the rule of linking cause and effect a substantial number of cases have come before the courts for a ruling. . Keating On Building Contracts 7th Edition at page 546 states: Contractors often have claims dependent on a number of separate causes each of which has contributed to delay and extra cost. In principle, the loss attributable to each cause should be separately identified and particularised, but separation may be difficult. In recent times contractors and subcontractors have been ever willing to short cut the need to link cause and effect by the use of the global claim. Where this occurs all causes of delay and extra cost are lumped together and one overall effect given as a consequence. The editors of Building Law Reports explained the global claim in the following terms in their commentary on the case of