Nexus Advokater
A highly specialised law firm that provides
legal advice to businesses and individuals.
Your construction law specialist in Denmark
Nexus Advokater is a highly specialised law firm that provides legal advice to businesses and individuals. At Nexus Advokater, quality is of the utmost importance. We provide considerate communication and constant accessibility throughout the entire advisory process. We always deliver on time – and at the agreed price.
1. Time requirements in DK law
In case of delay or disruption in construction caused by the employer, various claims may arise which the contractor can advance against the employer. These claims are: –Delay claims: If the works are delayed, the contractor may require any costs paid during the delay period covered by the employer…
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2. Time requirements rules
”The contractor shall be entitled to compensation for losses suffered because of delays caused by (1) circumstances relating to the employer, cf. § 24, subs. 1 (2), and where he is guilty of any errors or neglect, or (2) liability-entailing delays by other contractors, cf. § 25, subs. 1, or liability-entailing delays on the part of other contractual parties.”
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3. Delays in legal literature
According to practice, there are strict requirements for the contractor’s complaint in case of compensation or indemnity due to delay. It is assumed that a complaint rule applies equivalent to section 27 of the Danish Sale of Goods Act (købeloven) according to which the creditor must file a…
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4. Burden of proof
Proving the expenses paid and included in the claim for damages is the contractor’s obligation. However, arbitration practice expresses some understanding that it may sometimes be difficult to meet the burden of proof for the causal connection between the delay and the specifically paid expense…
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5. Examples of times requirements
The turnkey contractor required payment from the employer for extended site operations of DKK 6,396,836.00. According to the bid schedule of 27 September 2011 which was an appendix to TE’s bid of that same day, the price for the site was a total of DKK 3,270,000 and the unit price for a month was DKK 500,000. The tender price…
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6. Overview of a well-structured claim
A very short introduction to the claim: A very short introduction of the claim is important so the judges have an idea of what kind of claim it is. This has to be very simple so that the judges knows the overall “picture” though this headliner. The claim amount should be mentioned here too. This is the “what”-section of the description of…
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