What is a global claim in construction?
A global claim presents a combined loss from several events without allocating each part of that loss to an individual event.
Practical commentary. Check the contract form, edition, amendments and applicable law for your project.
The burden of proof remains
A global presentation is not automatically invalid, but it does not transfer the claimant’s burden to prove entitlement, causation and loss. Unrecoverable causes can create serious difficulty. The SCL Protocol discourages unexplained global claims while recognising that a combined approach may sometimes be justified.
Organise the review before choosing the presentation
Create an event index and a separate cost schedule. Give each source record a stable reference. Mark which amounts can be linked to particular events and which remain uncertain. Keep a record of the work undertaken to investigate those gaps.
Review overlaps between cost headings and remove duplicated entries. Record questions for the project team against specific items rather than asking for a general explanation of the final account.
Do not bypass NEC4 procedures
On an NEC4 project, a combined claim does not remove notification or assessment requirements. Equally, it is too broad to say NEC4 prohibits every global claim. The contract, facts and applicable law determine the position.
For a live dispute, the chosen presentation and legal basis need review against the actual evidence. This article is not a case-law survey or a prediction of a particular claim’s outcome.
Sources and further reading
- SCL Delay and Disruption Protocol, second edition
- NEC: Purposes of notifications
- GMH: records alongside NEC contracts (practical commentary; check the applicable edition and amendments).
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