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£300,000 loss & expense payment procured for our client without a dispute

Mark Holden-Smith

Updated: Apr 10, 2023



Introduction


Our client (the Sub-Contractor) had its claim for extension of time and loss and expense rejected by the Main Contractor, and we were instructed to provide an extension of time and loss and expense claim and proceeded to resolve the matter to resolve the dispute to the benefit of both parties.



Extension of time


We reviewed the evidence and carried out various factual demonstrations to evaluate progress and productivity achieved and to demonstrate the Baseline Programme from which delay would be measured. We then analysed the facts giving rise to delay using the observational time slice windows as-planned vs as-built method, in accordance with the SCL Delay and Disruption Protocol, 2nd Edition (2017). Whilst accounting for the various terms of the contract and our clients other liabilities, as regards progress and delay, we demonstrated that based on an application of the contract to the evidence our client was entitled to a significant extension of time.



Loss and expense


The facts showed that, when unhindered by delay, our client had completed the works at a sufficient rate, and supplied sufficient resources, to have achieved completion within the planned completion periods. Accordingly, but for the delays, on the balance of probabilities our client would have completed the works on time or even sooner, so we also evaluated the additional materials and labour price increases suffered after the expiry of the planned completion date and we also evaluated a claim for additional preliminaries by application of the relevant rates and costs to the demonstrated delay effect period. The quantum was then claimed as loss and expense in accordance with the terms of the contract.



The Result


The claim was submitted to the Main Contractor and applied for in the interim applications where our client received a payment of over £300,000 by agreement without a dispute.



Get in Touch


If I can help you with any contractual claims do not hesitate to get in touch and I am happy to provide a free review of the problem so we can discuss the available options.




Tel: 07834284308


Email: mark@holden-smith.com

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