Assessing Damages In Construction Contracts - Aligning Expectations With The Judicial Narrative

Introduction

Construction contracts are entered into between one or more owners and one or more contractors for development and construction in terms of the owner's specifications. One of the most common forms of such contracts are the Engineering, Procurement and Construction contracts ("EPC Contracts") which are executed between the principal employer (or the client) and the contractor.

There are various types of disputes which may arise out of such contracts but such disputes are typically due to delay in execution of the work by the contractor, premature termination of the contract by the principal employer or any other form of breach of contract by either of the parties.