A REGULAR SERIES ON DEVELOPMENTS IN THE LAW AND HOW THEY AFFECT MANAGERS

摘要

Arbitrators dealing with engineering project disputes regularly encounter so-called 'global claims'. These are claims by contractors, alleging delay and disruption, where the Claimant cannot disentangle a host of events which have caused him to remain on site longer than expected and have made his work more onerous. Such composite claims have been a frequent feature of arbitrations since the case of Crosby Ltd v Portland UDC (1967) 5 Building Law Reports 121. In that case the highly-regarded judge, Donaldson J. (later Lord Donaldson) approved a lump sum award by an arbitrator in respect of a collection of claims. The judge said the contractor had incurred extra cost because of an extremely complex interaction between the consequences of various site events, and it was difficult or even impossible to make an accurate apportionment between the various causes.