"entitlement all too often forgotten or not claimed ..."
The scope of work may change or the employer may instruct additional works which inevitably result in taking more time to complete the works or cause the contractor to incur additional costs and expenses to that originally agreed.
As a contractor you may be entitled to make a claim loss and expense at the same time as an extension of time. This is the “money” side of your claim for delay and disruption. However, you may have to follow and comply with certain contractual procedure depending the contract terms or any existing conditions precedent.
Most standard forms of contracts allows for claim to be made for loss and expense as a result delay and disruption arising either as a result of an employer’s breach or an employer’s risk event. The term or clause in the contract will determine how any compensation is to be assessed and will generally comprise of the following heads of loss & expense:prolongation costs
- finance charges
- loss of profits
- general disruption
- wasted management time
Our services include:
- Interpretation of clauses and provisions
- Reconciling ambiguities and inconsistencies
- Identifying circumstances where time and/or damages have been rendered ‘at large’
- Valuation mechanisms and where quantum meruit can be sought as an alternative