John Holland Construction & Engineering Pty Ltd v Kvaerner RJ Brown Pty Ltd

Global or rolled-up claims are not automatically impermissible, but they are vulnerable unless the claimant can demonstrate a credible causal connection between the events relied upon and the loss claimed.

What was the issue?

The dispute involved complex design and construction allegations and a claim that multiple events contributed to overall cost and delay. The pleading raised the familiar problem of how a claimant connects numerous alleged causes to an aggregated loss.

What is the practical principle?

Where separating every cause and consequence is genuinely impossible or impractical, a claimant may seek to demonstrate the probable existence of the required connection. However, the claim remains exposed if unrelated causes, claimant-responsible events or unproven costs are rolled into the total.

Why Daily Records matter

Detailed daily records make it easier to separate events, resources and costs before they become an undifferentiated total. They can help commercial teams identify when an event began, which workfront was affected, which resources were used and how long the impact continued.

Practical lessons for contractors

• Use a unique reference for each instruction, event or daywork activity.
• Record labour, plant and materials against the relevant work performed.
• Capture concurrent events and contractor-responsible issues honestly.
• Keep supporting cost records capable of reconciliation.
• Avoid waiting until the claim is prepared to create the causal narrative.

Disclaimer

This note provides general educational information only and is not legal advice. The treatment of any claim depends on the contract, pleadings, facts, evidence and applicable law.