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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,…
Read More »”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…
Read More »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…
Read More »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…
Read More »TBB 2017.915: Claim for extended site operations (delay claims) - Approx. 18% of the claim sustained The claim The turnkey contractor required payment from the employer for extended site operations of DKK 6,396,836.00. According to…
Read More »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…
Read More »Overall principles Some principles have to be kept in mind when claims shall be described and submitted to the Danish Arbitration Board, including a claim to EoT entitlement. Besides the overall strategy all claims must…
Read More »When the Arbitration Board awards a party a compensation, including time related claims, the Arbitration Board is infamous for awarding the claim discretionary, awarding either one third, one half or two thirds of the claim,…
Read More »It is initially necessary to present a short introduction to the claim for EoT, so that it is clear to the judges, which type of claim is being presented. This has to be very simple…
Read More »If the completion of the works becomes disrupted and thus delayed due to e.g. ambiguities in the project, lack of access to the works or unforeseen conditions not caused by the contractor’s circumstances, the contractor…
Read More »There is no specific described methodology for claim related to acceleration costs, but the following methodology is what suggested based on case law:
Read More »As an introduction to the subject it can be noted, that according to Hørlyck, the current understanding is that a concurrent delay entitles both the Employer and the Contractor to EoT, as both parties are…
Read More »Erik Hørlyck states in ”Entreprise – AB 18”, version 7, page 163, as a comment to the decision to depreciate that the wording of the decision implies ”that concrete notifications of defects must be submitted.…
Read More »The General Conditions for Turnkey Contracts (“Almindelige Betingelser”), which is an agreed document normally used in the building and engineering industry, establish a standard for the employer to claim liquidated damages in case of construction…
Read More »When deciding the scope of the clients obligations, the interpretation of the contract is clearly the crucial part. Under Danish law, a matter such as the raised question will be decided by the general principles…
Read More »It follows from Section 7 of the Danish Public Records Act that “anybody” may obtain access to documents according to the same act and that it is thus not a condition that a person has…
Read More »As mentioned, the starting point is that access to documents must be provided to all documents unless the case, the document or the individual piece of information can be specifically exempted on the basis of…
Read More »Whether an acceleration claim should be regarded as a VO claim under Section 14 of AB 92 or an EOT claim under Section 27 of AB 92 is, as stated above, not a question that…
Read More »The fundamental principle in Danish contract law is that contracts/agreements are valid. The Roman law principle about agreements (“pacta sunt servandi”) has been codified in Danish law from the first written law from 1241, and…
Read More »The Danish Act on Contracts contains a number of invalidity rules. A distinction is traditionally made between shortcomings of original (circumstances related to the conclusion of the contracts) and deficiencies in content (matters relating to…
Read More »As mentioned under section 6.1, the Doctrine of Assumption, which is based on case law, equally applies with the section of voidance in the Danish Act on Contracts.
Read More »In general, there is a gradual transition between the use of invalidity rules and the completion of a contract. Completion (or filling) is relevant when a situation that is not described in the contract between…
Read More »The above adopted set of rules and ABT 93 also contain rules that prescribe that variations must be agreed in writing between the parties and that requirements in consequence of changes must be made in…
Read More »As mentioned above, a single deviation from agreed formal requirements can lead to the contractor being able to receive payment for documented extra work. In the following, it will be reviewed what the contractor must…
Read More »Legal literature and arbitration practice regarding concurrent delays (parallel delays) establish that a concurrent delay entitles the employer as well as the contractor to an extension of time while precluding the parties’ potential entitlement to…
Read More »If it can be proven that a delay is caused by the employer, the contractor is generally entitled to an extension of time and financial compensation according to section 27, subs. 1, no. 1 of…
Read More »Parallel delays have only claimed little attention in Danish, legal literature. Thus, common presentations on construction law do not mention parallel delays which is in sharp contrast with the meaning of parallel delays in practice…
Read More »The case was about a non-profit housing society for which 40 attic flats were to be built in an existing housing block. Following the completion of a call for tenders, the employer and the contractor…
Read More »Based on the currently sparse, legal literature and arbitration practice regarding concurrent delays (parallel delays), the current understanding implies that a concurrent delay entitles the employer as well as the contractor to an extension of…
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