Lasrena has submitted a claim to the client/developer contending that it is responsible for the whole of the three months delay to completion as a result of sub-structure changes and other client variations. You hope to do a deal with the client whereby you pay them no damages for delay and you recover a reasonable proportion of your additional site administration.
Notwithstanding that ‘client claim’, you believe that Healcase were responsible for at least one third of their alleged delay and disruption costs. Furthermore, your position is that they have to properly demonstrate that you are liable for the same and that the papers Healcase have submitted so far fail to fully prove any such liability.
Nonetheless, you think that they may be able to prove four weeks delay liability on your part and around 40% of their loss of productivity claim. Accordingly, you see your liability to Healcase as follows: