Infrastructure claims

Infrastructure projects can be both large and challenging, and their associated contracts can vary in complexity depending on the type of project and the sectors involved.

The degree to which a contract allows claims to be made reflects the allocation of risk in that contract. The intention of claims clauses in a contract is that they protect both parties to the contract and should reflect a balanced allocation of risk.

In general, the claims that arise under construction contracts can be grouped into issues relating to employer’s claims, such as negligent design and latent defects; contractor’s claims, such as claims for loss and expense; and whether variations to the work are in fact variations. There is also the effect of time and its considerable commercial implications to both the employer and contractor.

This section also discusses the process for making claims under contract and, where matters proceed to dispute, the steps that can be taken through dispute resolution.

This section is maintained by Roland Foster and Martin Collingwood.