Introduction

In construction contracts, the word ‘claim’ is often synonymous with the contractor seeking additional time and money for what's likely to be perceived as a contentious reason. It should be noted that an extension of time does not always entitle the contractor to loss and/or expense. Variations or changes to the work can also be considered to be ‘claims’, but are usually far less contentious. It is useful to classify claims by the parties to a building contract into the following categories: contractual claims, common law claims, quantum meruit claims and ex gratia claims. Clearly, a contractor may be in breach of the building contract and this will entitle the employer to make a claim against him. Typical claims by employers often include: delay damages, low performance damages, reduction of the contract price for non-compliant work and other claims.