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Mark Holden-Smith

Dispute avoided concerning Extension of Time with costs

Updated: Apr 10, 2023



Brief Overview

Our client (the Sub-Contractor) received a payers notice that included a payment of £nil for its losses incurred through delays and a rejection of its Extension of Time claim and we were instructed to procure a fair assessment and payment for the Sub-Contractors losses either through the Main Contractor or through Adjudication as required.


Factual Background

We reviewed the available commercial correspondence and isolated the relevant facts concerning delays in the contractor providing access to the sub-contractors work faces.


The Claim

We inserted the relevant facts in a simple gant chart to construct a demonstration that would compare the planned programme to the actual delayed progress achieved, caused by the contractors delays. The available evidence showed the lack of access to work faces was the only significant cause of delay and that the sub-contractor had performed its obligations under the contract as regards provision of Labour and progress of the available works in line with the contractors ability to make those work faces available.


Therefore, lack of access was the only cause of delay and no further causation was required.


The Agreement

We used the factual demonstration as the basis of particulars for a delay notice with extension of time claim, and a notice of Intention to claim recovery of loss incurred in the sum of £40K, with proof of costs.


The Contractor agreed the extension of time and the costs in full without the need for Adjudication and the matter was resolved to the benefit of both parties.


Need Help? We Offer a Free Preliminary Review


If you need help with any contractual problems or claims please do not hesitate to contact me and we can provide a free preliminary review of the problem and discuss the best way to proceed.


Contact Details

Email: mark@holden-smith.com

Tel: 07834284308

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