Global Claims: An Overview

  • Ali D. Haidar


On large projects, it is not unusual to encounter a great number of causes of delays and disruptions and contractors suffering financial losses that run into millions of dollars. Some of these causes can be treated in isolation and their effects can be evaluated and proved; inevitably, and no matter what records the contractor maintains, others cannot and must be treated globally. A claimant would make myriad complaints of things that had delayed him. Generalised complaints, very often presented as global claims, would be made about delays and disruptions, causation and damages. The question of whether or not a party is free to make a global claim is one which has long been exercised by the courts. However, in recent years, a number of time and money claims have failed entirely; one of the main reasons for this was that claims were pursued being on a global basis without any systematic analysis and justification or proper calculation of losses. Presenting a global claim and its calculation are fundamental to its acceptance by the courts and its success and therefore understanding causation and the courts approach and attitude is essential for claimants pursuing this kind of claims. The principles, causation, limitations and the advocation of global claims are described in detail in this chapter where each of the mentioned is backed up by case law.


Extra Cost Cost Overrun Global Loss London Borough Causal Nexus 
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Case Law

  1. Bernhard’s Rugby Landscapes Ltd v Stockley Park Consortium Ltd (1997) 82 BLR 39Google Scholar
  2. British Airways Pension Trustees v Sir Robert McAlpine and Sons (1994) 72 BLR 31Google Scholar
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  4. City Inn v Shepherd Construction Ltd. (2010) CSIH 68 CA 101/00Google Scholar
  5. GMTC Tools and Equipment v Yuasa Warwick Machinery (1994) 73 BLR 102Google Scholar
  6. Inserco Ltd. v Honeywell Control Systems (1998) EWCA Civ 222Google Scholar
  7. J. Crosby & Sons Ltd. v Portland Urban District Council (1967) 5 BLR 121Google Scholar
  8. John Doyle Construction Ltd. v Laing Management (Scotland) (2004) BLR 295Google Scholar
  9. John Holland Construction & Engineering Pty Ltd. v Kvaerner RJ Brown Pty Ltd (1996) 82 BLR 8Google Scholar
  10. London Borough of Merton v Stanley Hugh Leach (1985) 32BLR 51Google Scholar
  11. London Underground Ltd. v Citylink Telecommunications Ltd. (2007) B.L.R.391Google Scholar
  12. Lichter v Mellon Stuart Company 305 F.2d. 216 (3d Cir 1962)Google Scholar
  13. Mid Glamorgan County Council v J Devonald Williams and Partner (1992) 8 Const. L.J. 61Google Scholar
  14. Nauru Phosphate Royalties Trust v Matthew Hall Mechanical & Electrical Engineering Pty Ltd (1994) 2 V.R. 386Google Scholar
  15. Wharf Properties v Eric Cumine Associates (1991) 52 BLR 1Google Scholar


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Copyright information

© Springer-Verlag London Limited  2011

Authors and Affiliations

  1. 1.Dar Al RiyadhRiyadhSaudi Arabia

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