000 01855cad a22001935a 4500
001 L143178
008 080415e20070712xxk f v 000 0 eng d
035 _a(Sirsi) u143178
041 0 _aeng
245 0 0 _aPetromec Inc v Petroleo Brasileiro S.A. Petrobras and others
_h[electronic resource]
260 _c2007
520 _a[2007] EWCA Civ 1371, 21 December 2007. Examines the concept of the total loss global claim. A contract between the appellant (Petromec) and the respondent (Petrobras) was in the form of a supervision agreement for the upgrade of an oil rig vessel specified for use on the South Marlim field (original specification). Petrobras decided to use the platform in the Roncador field instead (amended specification), which required significantly different upgrading works. The parties agreed the basis of compensation by clause 12 of the supervision agreement, but had opposing methodologies for implementing the clause 12 assessment; Petromec's approach was a total loss global claim whereas Petrobas' approach required a detailed analysis of each of the alleged changes. The judge found that Petromec's methodology was not what the contract envisaged and the causal nexus between each instruction and the extra cost had to be proved ([2007]) EWHC 1589 (Comm)). Petromec appealed. "Held": appeal dismissed. Petromec's total loss claim failed because it made not attempt to establish the causal connection between the events and the costs claimed. Details were needed if the proceedings were to be fair.
590 _aKA
650 2 4 _aPETROMEC INC V PETROLEO BRASILEIRO SA
651 4 _aInternational
690 _aBUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
856 4 0 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2007/1371.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c80082
_d80082