CHAPTER 20

CLAIMS OUTSIDE THE CONTRACT




Claims outside the contract



The relationship between parties to a construction contract is primarily governed by the contract they have between them. Contracts are usually in writing and often take the form of standard industry based contracts, but can sometimes be oral and/or informal in nature.

When things go wrong, a party will usually firstly look to the contract to understand what its are rights or what the available remedies might be. However, the contract is not the only source of rights or remedies. These may also arise under general principles of law or under statute.

A party may look outside the contract because:

  • there is not an appropriate remedy under the contract;
  • the contract excludes the desired remedy or relief;
  • the contract itself may be unenforceable for some reason.

This chapter discusses the various claims that a party to a contract may have available to it. These include:

  • claims under statute;
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