Case Study – Establishing Cause and Effect

In Claims Class Case Studies, we present a case study of a real situation for the reader to study and decide on the correct contractual outcome. The reader decides both the cause and effect. The author’s opinion of the solution is below.

case-study-cause-effect

The project consists of a 36-storey hotel tower and a 36-storey serviced apartment tower constructed over a 4-storey podium and a 4-level basement car park. The basement and podium ‘footprint’ covers approximately 80% of the site.

Prior to the issue of tenders, the Employer arranged with the local municipality, that an area of land owned by the municipality in front of the Site could be used for the Contractor’s site establishment and this information was included in the tender documents.

The general conditions of contract are the Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer, First Edition 1999.

The Employer engaged a separate contractor to…

Download the full case study on Establishing Cause and Effect.

We also published another case study earlier on cause and effect which you can read here