Construction contracts claims generally fall under two types of claim:
Delay or Extension of Time claims, look to substantiate an entitlement to a longer duration to the agreed completion period within the Contract or Subcontract. This form of claim provides protection against damages, liquidated or ascertained, it does not necessarily provide an entitlement to additional payment.
A variety of techniques can be employed to demonstrate an entitlement but all rely upon good record keeping. M Harvey Consulting provided expert advice in this field and the best commercial strategy to determine entitlement.
(For more information of techniques see the Society of Construction Law Delay and Disruption Protocol)
These can fall into several categories, ranging from disputes on the re-measurement of accounts, the evaluation of variations and Loss and Expense claims.
Re-measurement and variation disputes are easier to substantiate being a matter of fact and record of the conditions of contract / subcontract and the measurement rules to be applied if applicable.
Loss and Expense type claims e.g. prolongation, thickening and delay and disruption etc. Can be more problematic to demonstrate as the rules of evaluation are more complex i.e. the loss must be caused by the event relied upon, which is a claimable under the contract / subcontract and there is not another co-effective cause of the same loss, which is the liability of the claimant. M Harvey Consulting specialises in evaluating and maximising the entitlement due under these heads of claim.
(For more information of techniques see the Society of Construction Law Delay and Disruption Protocol)
The only way to evaluate ‘Change’ under the NEC form of contract in terms of Time and Money, is through the identified Compensation Events (CE’s).
The intention is that a prospective form of analysis is required predicting the total cause and effect of an Event and that this is agreed before the Event takes place or is an aggregate of actual cost/time incurred and future predicted cost/time if works to the Event are on-going.
The administration of this form of contract can become difficult with amended compensation event clauses, notice periods and non-agreement by the Project Manager of not only what is and is not a Compensation Event but what is and is not included within the evaluation thereof.
With this form of ‘one-stop’ solution, demonstrating and protection of entitlements in terms of Time and Money is of critical importance. M Harvey Consulting can provide professional expert advice of how to record and evaluate compensation event ‘Change’. As well as providing solutions to maximise recovery and minimise loss.
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