Global claims - judicial consideration
Authors
Citation
Building journal Hong Kong China, Jan, 1993, pp. 80-83
Abstract
The often complex interaction of events giving rise to construction claims for delay and disruption has caused contractors to rely on a blanket-type claims (often referred to as "rolled-up" or "global" claims). The Court first gave judicial support to the concept of global claims in 1967. Then in 1988, the Court of Appeal in Hong Kong struck out the Statement of Claim in Wharf Properties Limited and another v Eric Cumine Associates and others (1988) 45 BLR 72 which was pleaded on a global basis. This was upheld by the Privy Council (although for a different reason). In this article, Kenneth Chong, an associate with the Construction Practice Group of Baker & McKenzie examines the law concerning global claims including some interesting recent developments in this area.
(1) Crosby-first approval
(2) Merton-endorsement of the concept
(3) Wharf - an apparent set-back
(4) Mid-Glamorgan - clarification
(5) ICI and Nauru - the latest cases
(6) Conclusion
Description
Subject
Type
Article
Format
Date
1993
Language
en