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 “neutral complaint” without undue delay in order to preserve his or her right to rely on the delay at a later time.
In TBB 2016.443, the contractor first made his disruption claim following the completion of work. At no time during the completion had the contractor notified the employer that expenses accrued which would be claimed covered. The employer therefore did not have to pay the contractor’s claims.
However, if the contractor “knew or should have known” that a delay claim would be advanced later on, the delay claim will not be precluded due to the lack of a complaint.
In TBB 2008.418, the arbitration tribunal took into account that based on the correspondence that took place regularly between the parties, the employer’s consultant could not have been in doubt in the period until the handover that the principal contractor wanted an extension of the time limit and financial compensation due to the project alterations. Thus, the arbitration tribunal seemed to support the principal contractor’s statement that the arbitration tribunal does not take into account any formalities regarding notification but that rather the facts of the case are considered.
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 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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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.
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…
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…
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…
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…
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…
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…
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…
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…
