Global Claims in Construction
In recent years, a number of global claims have failed because they were presented without any systematic analysis, justification or proper calculation of losses. Hence, Global Claims in Construction highlights these issues as well as the importance
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Ali D. Haidar
Global Claims in Construction
123
Dr. Ali D. Haidar Dar Al Riyadh PO Box 271055 Riyadh 11352 Saudi Arabia e-mail: [email protected]
ISBN 978-0-85729-729-7 DOI 10.1007/978-0-85729-730-3
e-ISBN 978-0-85729-730-3
Springer London Dordrecht Heidelberg New York British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Ó Springer-Verlag London Limited 2011 Apart from any fair dealing for the purposes of research or private study, or criticism or review, as permitted under the Copyright, Designs and Patents Act 1988, this publication may only be reproduced, stored or transmitted, in any form or by any means, with the prior permission in writing of the publishers, or in the case of reprographic reproduction in accordance with the terms of licenses issued by the Copyright Licensing Agency. Enquiries concerning reproduction outside those terms should be sent to the publishers. The use of registered names, trademarks, etc., in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant laws and regulations and therefore free for general use. The publisher makes no representation, express or implied, with regard to the accuracy of the information contained in this book and cannot accept any legal responsibility or liability for any errors or omissions that may be made. Cover design: eStudio Calamar S.L. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
To my wife Joud and Neil
Preface
For anyone embarking on writing a global claim and for professionals charged with the responsibility of determining the rights and liabilities of the parties with regard to delays, disruptions, total cost method, modified total cost method and global claims, this book is an essential reading. Global claims are unique as they involve combining all the delays and disruptions caused in one project under one heading and putting the claim forward to the client. They assume that all the problems encountered on site cannot be separated, and therefore the losses incurred are initiated by the client and his representatives. Historically, the courts had been reluctant to accept global claims. Recently, the situation has been shifting and the courts have been accepting these types of claims or a modified version of them. This is due to the distinctive characteristics of the newly constructed projects and the types of problems envisaged on the very large projects that are common nowadays. The complexity of the activities performed on a construction site, the great number of professionals and entities that are involved in the execution, the new types of contracts involving design, procurement and build and the procurement process, where much of the materials are supplied from different countries, make the process of individual claims, where each cause has a distinctive effect and a distinctive loss, almost impossible. Even if the process of identifying individual
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