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This Practice Note looks at some of the key considerations that may need to be taken into account when a party to a construction contract is formulating the quantum aspects of a claim. It looks at considerations for common claims made under the contract (for example, in relation to loss and expense), as well as those where the dispute arises from a breach of contract or negligence claim (ie a claim for damages).

This Practice Note also discusses common losses that may be recoverable, such as damages relating to defects claims, future losses, wasted management time, loss of a chance and third party settlement sums.

Aside from ascertaining the recoverability and value of a loss itself, other relevant quantum considerations can include whether the claim for quantum should be presented as a ‘global claim’, mitigation and betterment issues, contributory negligence and contractual restrictions or exclusions.

When it comes to the question of loss in a dispute, the burden of proof is on the claimant to prove both the fact of and the amount of its loss.

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