Saturday, December 31, 2011

loss and expense

DEfinition


  • Loss and / or expenses caused by disturbance of regular progress of works 
  • THis means that what is recoverable is the financial loss and expenses which directly and naturally results in the ordinary course of occurrence of events . 

Loss and expense 
Therefore a contractor who claims direct loss / pr expenses must establish by use of oral or documentary evidence the followings : 

- That he has suffered loss or incurred additional costs caused by occurrence of events specified in the provisions of Contract . 
Demoinstrate that the loss or expenses or additional costs are sufficiently linked to the events set out in the contract . 
- The loss or expenses or costs must be actual financial and not merelyu national loss . THe contractor must prove his case " on the balance of probabilities . " 
-Must be able to prove the loss or expense or additional costs , reasonably to establish the probability that it has been incurred .  

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