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A consideration of recovery of prolongation costs in a construction context

A consideration of recovery of prolongation costs in a construction context Purpose – The purpose of this paper is to review the principles for valuation and proof of contractor's claims for additional site overheads arising from delays to completion of construction projects. Design/methodology/approach – An overview of prolongation costs and established principles for recovery is provided. Aspects of recent decisions are analysed critically with respect to proof of delay claims, site overheads and claims for winter working losses. Findings are compared with the established principles. Findings – Some statements in the judgment in Costain v. Haswell (2010) TCLR 1 with respect to requirements for proof of delay claims and for recovery of site overheads depart from established principles. Other elements of the judgment confirm existing principles. The need to distinguish between time‐ and volume‐related costs emerges as critical in valuation of delay‐related losses. Practical implications – The need for a claimant to establish proof of delays to completion, and proof of loss, particularly in professional negligence claims, is emphasised. The consequences of failing to establish proof are noted as extending potentially to loss of the entire claim. Originality/value – The paper will help construction practitioners, academics and lawyers understand the potentially far‐reaching impact of the principles advocated in recent case law. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Journal of Law in the Built Environment Emerald Publishing

A consideration of recovery of prolongation costs in a construction context

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Publisher
Emerald Publishing
Copyright
Copyright © 2011 Emerald Group Publishing Limited. All rights reserved.
ISSN
1756-1450
DOI
10.1108/17561451111178443
Publisher site
See Article on Publisher Site

Abstract

Purpose – The purpose of this paper is to review the principles for valuation and proof of contractor's claims for additional site overheads arising from delays to completion of construction projects. Design/methodology/approach – An overview of prolongation costs and established principles for recovery is provided. Aspects of recent decisions are analysed critically with respect to proof of delay claims, site overheads and claims for winter working losses. Findings are compared with the established principles. Findings – Some statements in the judgment in Costain v. Haswell (2010) TCLR 1 with respect to requirements for proof of delay claims and for recovery of site overheads depart from established principles. Other elements of the judgment confirm existing principles. The need to distinguish between time‐ and volume‐related costs emerges as critical in valuation of delay‐related losses. Practical implications – The need for a claimant to establish proof of delays to completion, and proof of loss, particularly in professional negligence claims, is emphasised. The consequences of failing to establish proof are noted as extending potentially to loss of the entire claim. Originality/value – The paper will help construction practitioners, academics and lawyers understand the potentially far‐reaching impact of the principles advocated in recent case law.

Journal

International Journal of Law in the Built Environment – Emerald Publishing

Published: Oct 4, 2011

Keywords: Case law; Damages; Costs; Construction; Contract; Delay

References

  • Hudson's Building and Engineering Contracts
    Atkin Chambers
  • Evaluating Contract Claims
    Davison, R.P.; Mullen, J.
  • Works Contract for Building Works Designed by the Employer
    DFRI
  • MDB Harmonised Construction Contract
    FIDIC
  • Keating on Construction Contracts
    Furst, S.; Ramsey, V.
  • The Presentation and Settlement of Contractor's Claims
    Hackett, M.; Trickey, G.
  • Building and Civil Engineering Claims in Perspective
    Hughes, G.A.; Barber, J.N.
  • NEC3 Engineering and Construction Contract
    ICE
  • Standard Building Contract with Approximate Quantities
    JCT
  • The evaluation of preliminaries (or site overheads) in construction prolongation claims
    Mastrandrea, F.
  • The Society of Construction Law Delay and Disruption Protocol
    SCL
  • Construction Contracts Law and Practice
    Wilmott‐Smith, R.