Termination Claims
We are Chartered Quantity Surveyors specialising in quantum of losses arising from termination.
400+
Claims Successfully Handled
28+ Years
Experience in Construction
Chartered Quantity Surveyors Regulated by the RICS
Termination Claims
When a contract is terminated issues can arise as to the extent of liability, and claimable losses can be very significant for these types of claim.
We specialise in quantifying the losses arising from termination of construction contracts.
We Quantify Your Claim for Termination Costs
Overview
Generally, termination giving rise to a financial claim can be performed pursuant to the contractual provisions, or at common law.
Termination pursuant to the contract
If a contract provides for termination and a party wishes to terminate in accordance with those procedures then the contractual mechanisms must be adhered to, including timing for any required form for notices. A failure to do so may result in the terminating party then being the party in breach. The contract may provide provisions for the financial consequences of the termination and any claims must be made in accordance with such provisions.
Termination at common law
If a repudiatory breach has been committed then the innocent party may terminate the contract and claim damages. Whether or not a breach is a repudiatory breach can be a complex matter and the consequences of getting it wrong mean the party terminating the contract would then be in repudiatory breach. Always seek professional advice before taking such action.
We specialise in quantifying the consequences of termination in claims or defence, in accordance with the contract provisions, or as common law damages.
"I have instructed Mark Holden-Smith as an expert in quantum and delay on a number of occasions in adjudications. I find him to be thorough and methodical but never slow. His reports have always been concise and persuasive, and I recommend him."
-Andrew Rimmer, Solicitor - Construction and Engineering Partner.
Mark Holden-Smith
FCIArb MRICS MCIOB FICCP DipAdj DipHE(Law)
Managing Director
Construction Claims Specialist
Chartered Quantity Surveyor
Chartered Construction Manager (Disputes)
Registered Adjudicator
Mark Holden-Smith is a Chartered Quantity Surveyor and Chartered Construction Manager specialising in construction claims and dispute management, a Fellow of the Chartered Institute of Arbitrators, a Fellow of the Institute of Construction Claims Practitioners, and a registered Adjudicator with the RICS and CIArb with over 28 years experience in construction. Mark is well-placed to help parties to construction contracts in the quantification and management of construction claims and disputes.
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