Analysis of delay, disruption and global claims in the context of statutory adjudication in Australia

There has been a fusion of delay, disruption and global claims in the context of statutory adjudication in Australia. These claims arise within a contractual setting or from principles of common law. The one thing that these claims have in common is that they arise due to an act, default, or omission by the principal, or where those matters are caused by a third person who is the responsibility of the principal. The courts have recognised that delay, disruption, and global claims are claimable and can be determined by an adjudicator under statutory adjudication. The purpose of this paper analyse delay, disruption and global claims in the context of statutory adjudication in Australia. A comparative ‘black-letter’ approach is adopted to analyse case law in various international jurisdiction dealing with delay, disruption and global claims in construction. The paper shows that delay, disruption, and global claims are frequently unappreciated within the framework of statutory adjudication. There are varying degrees of consideration to be taken into account where there can be compensable, non-compensable, and modified or apportioned claims. There is also causation, criticality, and concurrency to be considered. These are generally complicated factors that adjudicators are requested to consider in statutory adjudication. Those matters often lead to the unfortunate results that one of the parties on opposite sides’ ends up aggrieved. The research may be of interest in international jurisdictions where statutory adjudication for the construction industry has been introduced or is being contemplated.