“Global claim” or “composite claim” or “rolled-up claim”, as is often called is used to describe a claim for time extension, loss and/or expense or damages arising from a number of different causes, which may be interrelated and/or difficult to isolate or particularise into their respective cause and effect.
In the past, such claims seldom succeed due to the interrelated events, usually with only few or no contemporaneous records available to support them. In the assessment of any entitlement to any claims, whether additional time and/or money, it has always been grounded on “cause and effect” principle by establishing the causal linkages, supported by the relevant documentary evidence, which global claims often lack.
In order to succeed, the claimant or Contractor, in making such claim against the Employer, must be able to show the connection between the events for which the Contractor is neither responsible nor culpable for but was made to suffer or incur additional time, loss and/or expense or damages as a consequence of the events concern.
Since global claims often lack the causal linkages and relevant supporting documents, many such claims have ended up in tribunals or courts for their review and decision. In the past, the paths to such legal recourse have been rather bumpy and uncertain, until lately.
In this article, BK Entrusty aims to provide readers with an appreciation and understanding of global claims by eliciting the past and recent case law and decisions concerning such claims, including the recent landmark case of Walter Lilly v MacKay as decided by Justice Akenhead, the judge in charge of Technology and Construction Court (“TCC”) in London, who had provided some interesting and important ruling on several pertinent issues in construction law.
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