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Key definition
Quantum definition

What does Quantum mean? Quantum describes the amount of money at issue in a claim, most commonly the sum of damages or compensation to be awarded. It is a descriptive Latin term used across civil litigation rather than a term defined by statute; its assessment is governed by general principles in case law and procedural rules. In practice, courts and practitioners separate “liability” from “quantum”, with a trial or proof on quantum where fault is admitted or established. Determining quantum involves evidence on heads of loss, causation, mitigation and interest, often with expert reports (for example, medical, actuarial or accountancy). Typical contexts include contract, tort/delict,...

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Key case law on quantum in construction disputes: defects, remedial choice, diminution vs reinstatement, loss of profit, overheads/preliminaries, management time, settlements, finance and mitigation

Practice notes
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This Practice Note identifies several key and/or recent authorities addressing heads of loss frequently pursued in construction Disputes, including defect claims, loss of profit, overheads and Preliminaries, wasted management Costs, the passing on of settled claims, and other instances.

It is not a definitive compendium of all cases (and is centred on construction decisions rather than broad principles), yet it serves as a practical first port of call when assessing different claims.

For guidance on factors that may need to be weighed when a party on a construction project is putting together the Quantum of a claim, see Practice Note: Quantum in construction claims.

That note draws out issues for routine contractual claims (for example, relating to loss and expense or suspension), as well as matters arising from breach of contract or negligence (ie a claim for damages).

It considers the thresholds and tests for typical heads of loss, and other quantum topics including use of global claims, mitigation and betterment, contributory negligence, contractual restrictions or exclusions, and evidencing and supporting quantum claims.

Defects

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Web page updated on 21/05/2026

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