Quigg Golden are experts in the preparation and evaluation of all aspects of construction claims including claims for extensions of time, prolongation cost, disruption cost, acceleration cost or recovery of disputed variations. Our team, many dual qualified, can analyse the contractual, technical and financial position of any claim. We are experienced in advising on such claims under all standard forms including NEC, PWC, JCT and FIDIC. We provide clients with experienced and knowledgeable teams who combine all the constituent parts necessary for the proper preparation, prosecution or defence of claims.
Our knowledge and expertise guarantees that any claim we prepare becomes a valuable tool for negotiation and settlement. Often the submission of a claim is the first and final step in resolving our clients’ disputes.
There are many occasions where can claim can be justified against a contracted party. Below is an explanation of the main areas of construction law litigation.
An extension of time (EOT) is a provision in most standard forms of contract, for an amendment of the scheduled completion date due to unforeseen circumstances.
Such circumstances can include but are not limited to:
One of the primary purposes of extension of time clauses in contracts is to preserve the effectiveness of the liquidated damages provisions for the benefit of the employer.
Prolongation costs are the additional costs that a contractor has incurred as a result of the completion of the works being delayed by an event that is the responsibility of the other party (usually the Employer). Such events might include; failing to give the contractor possession of the site on the date specified in the contract; delays in giving instructions, and so on.
The contractor may incur additional costs as a result of having to remain on site for longer than anticipated, for example, additional labour costs, plant costs, off-site overheads, fluctuations, and so on.
Disruption, and claims arising to try and recoup losses incurred from it, are common on construction projects, particularly on larger and more complex projects.
The difference between disruption and delay is that the latter relates to lateness rather than productivity, although they can often be related. Delays can cause disruptions, and vice versa. Despite their inter-relation, they require a different approach to assessing claims.
Where the contractor incurs additional costs as a result of this sort of acceleration, it can result in a claim against the client. Typically, the contractor does not have to prove the works were actually completed more quickly than originally agreed, just that they made a reasonable attempt to do so and that the attempt resulted in additional costs.
Almost all construction projects vary from the original design, scope and definition. Whether small or large, construction projects will inevitably depart from the original tender design, specifications and drawings prepared by the design team.
This can be because of technological advancement, statutory changes or enforcement, change in conditions, geological anomalies, non-availability of specified materials, or simply because of the continued development of the design after the contract has been awarded. In large civil engineering projects variations can be very significant, whereas on small building contracts they may be relatively minor.
Variations may include:
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James Golden, Edward Quigg
