Construction Contract & Claims Management Podcast Series: How to Assess the Legal Merits of Construction Claims

Contractor claims are an inevitable part of construction projects. Disputes are not. In order to mitigate the risk of contractor claims evolving into disputes, it is vital that they are evaluated properly and in a timely manner. Failure to do so can lead to costly and protracted disputes, which not only impact the parties’ relationship, but can also have a knock-on effect on the overall cost and programme of a project. So what can employers do to ensure that the legal merits of contractor claims are properly assessed, and what should contractors be mindful of in order to avoid the risk of their claims being rejected? 

The London Construction & Infrastructure Group are pleased to share the latest episode in our ‘Construction Contract & Claims Management’ podcast series which explores how to assess the legal merits of a claim, with a particular focus on claims brought by contractors against employers. 

This episode can be found on iTunes, Spotify and SoundCloud

This episode is also accompanied by a checklist which sets out some of the key matters to be considered when assessing the legal merits of claims made by contractors under or in connection with construction contracts. The checklist can be viewed and downloaded here

All episodes and accompanying checklists in our ‘Construction Contract & Claims Management’ podcast series can also be found on our web page.

The next episode in the series will discuss how to prepare for a potential construction dispute.

James Doe

James Doe
Partner and UK Head of Construction & Infrastructure Disputes, London
+44 20 7466 2583

Noe Minamikata

Noe Minamikata
Professional Support Lawyer, London
+44 20 7466 2838

Extensions of time – the starting point

On 10 February 2017, the Court of Appeal released its decision in the case of Carillion Construction Limited v Emcor Engineering Services Limited and Anor [2017] EWCA Civ 65.

This case concerns the situation in which a Relevant Event (a delay event) occurs after the contractual completion date. The Court of Appeal confirmed the Technology and Construction Court’s (“TCC’s”) earlier decision that clause 11.3 of the subcontract in question required an extension of time to be contiguous; meaning that the period of extension should run from the contractual due date for completion and not the date on which the impact of the delay event was felt.

Continue reading