Causation in Construction Contracts - A Practical Introduction
This live broadcast session will examine the principle of causation in construction contracts.
It will consider legal causation which may include claims for extension of time or loss and expense in JCT Contracts or compensation under NEC Contracts, and factual causation such as ‘did the employer’s failure to provide information cause the delay’?
Construction contracts are unique in that most contracts contain clauses that are used to identify causes of delay and/or damage.
Losses may have been foreseeable at the time of contracting or at the time of the breach of duty in the case of tort, but they will only be recoverable if those losses were caused by the breach of contract or duty.
This session will review these principles and provide a case law update.
What You Will Learn
This live and interactive session will cover the following:
- What is causation in a construction contract
- The claims that can be made under a JCT and NEC construction contract
- The tests for causation to be satisfied under a construction contract
- How to identify the link between causation and damages
- What happens if there was an intervening event or a break in the chain of causation?
- The limits of contractual liability under a construction contract
- Was it a concurrency issue or a causation issue?
- The burden of proof on the claiming party
- Proving heads of claim
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.