Building Contract Claims
6th Edition
Will be published approx. on 5. February 2026
Book
Hardback
576 pages
978-1-394-21000-8 (ISBN)
Description
Comprehensive reference on all major and commonly used building contracts with a step-by-step approach to producing claims
Covering all the major and commonly used building contracts, Building Contract Claims considers the legal basis of building contract claims and shows what can and cannot be claimed, providing the contractor, employers and their advisors with a simple, concise, and effective source of information for use when preparing, submitting, or dealing with a claim.
This highly regarded book examines the legal basis of claims for extensions of time and additional payment under the main forms of construction contract. It includes chapters dealing with the principles for extensions of time, financial claims (including for variations or compensation events), , common law and global claims, employer claims, duties of the employer's representative, substantiating claims, claims for time and money under the JCT 2016 and NEC4 contracts and sub-contracts, and claims for professional fees.
With the publication of the sixth edition, Building Contract Claims has been reordered to provide a step-by-step approach to producing claims and thoroughly revised to ensure it is fully up to date with the latest contracts, court judgments, and building practice. Updates include:
Revision of chapters covering extensions of time in line with the second edition of the Society of Construction Law's Delay and Disruption Protocol
New material to reflect the JCT 2016 contracts and the NEC4 contracts
Expanded coverage of employer claims
Updated sections for JCT 2016 and NEC4 sub-contracts
Claims for professional fees (for design consultants, contract administrators, quantity surveyors or project managers) under the commonly used conditions of engagement
The new edition of Building Contract Claims is an essential reference for contractors, contract administrators, project managers, and quantity surveyors, as well as architects, contracts consultants, and construction lawyers.
Covering all the major and commonly used building contracts, Building Contract Claims considers the legal basis of building contract claims and shows what can and cannot be claimed, providing the contractor, employers and their advisors with a simple, concise, and effective source of information for use when preparing, submitting, or dealing with a claim.
This highly regarded book examines the legal basis of claims for extensions of time and additional payment under the main forms of construction contract. It includes chapters dealing with the principles for extensions of time, financial claims (including for variations or compensation events), , common law and global claims, employer claims, duties of the employer's representative, substantiating claims, claims for time and money under the JCT 2016 and NEC4 contracts and sub-contracts, and claims for professional fees.
With the publication of the sixth edition, Building Contract Claims has been reordered to provide a step-by-step approach to producing claims and thoroughly revised to ensure it is fully up to date with the latest contracts, court judgments, and building practice. Updates include:
Revision of chapters covering extensions of time in line with the second edition of the Society of Construction Law's Delay and Disruption Protocol
New material to reflect the JCT 2016 contracts and the NEC4 contracts
Expanded coverage of employer claims
Updated sections for JCT 2016 and NEC4 sub-contracts
Claims for professional fees (for design consultants, contract administrators, quantity surveyors or project managers) under the commonly used conditions of engagement
The new edition of Building Contract Claims is an essential reference for contractors, contract administrators, project managers, and quantity surveyors, as well as architects, contracts consultants, and construction lawyers.
More details
Edition
6th edition
Language
English
Place of publication
United States
Publishing group
John Wiley & Sons Inc
Target group
Professional and scholarly
Dimensions
Height: 250 mm
Width: 178 mm
Thickness: 43 mm
Weight
1248 gr
ISBN-13
978-1-394-21000-8 (9781394210008)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Guy Higginbottom | David Chappell
Building Contract Claims
E-Book
01/2026
6th Edition
Wiley-ISTE
€116.99
Available for download
Guy Higginbottom | David Chappell
Building Contract Claims
E-Book
01/2026
6th Edition
Wiley-ISTE
€116.99
Available for download
Previous edition
David Chappell
Building Contract Claims
Book
08/2011
5th Edition
Wiley
€156.50
Article not available at the moment
Persons
Guy Higginbottom is an experienced consultant who spent much of his career working in private practice, including as Group Commercial Director for a large, regional building contractor. He has also held senior positions at global consultancies such as Atkins Realis (formerly Faithful+Gould), and Arcadis. Guy is also the author of Wiley's 'Design and Build Contracts'.
David Chappell is an architect who has worked in both the public and private sectors, as well as acting as contract administrator for a building contractor.
David Chappell is an architect who has worked in both the public and private sectors, as well as acting as contract administrator for a building contractor.
Content
Preface xvii
Part I 1
1 Introduction 3
1.1 General Introduction to 'Claims' 3
1.1.1 General 4
1.1.2 Contractual Claims 4
1.1.3 Extension of Time and Loss and/or Expense 5
1.1.4 Variations 6
1.1.5 Unexpected Problems 6
1.2 Standard Forms of Contract Considered in This Book 7
1.2.1 JCT 2016 Contracts 8
1.2.2 NEC4 Contracts 9
1.3 Types of Claims by the Contractor 11
1.3.1 Contractual Claims 11
1.3.2 Common Law Claims 11
1.3.3 Quantum meruit Claims [Detailed Text Transferred to 4.5] 12
1.3.4 Ex gratia Claims 12
1.4 Types of Claims by the Employer 13
1.4.1 Delay Damages 13
1.4.2 Low Performance Damages 13
1.4.3 Reduction of the Contract Price for Non-CompliantWork 14
1.4.4 Other Claims 14
1.5 Structure of This Book 15
2 General Principles 17
2.1 Entitlement 17
2.1.1 Contractual Entitlement 17
2.1.2 Duty, Breach, Causation and Loss 20
2.2 The Burden of Proof 21
2.2.1 The Burden of Proof 21
2.2.2 Res Ipsa Loquitur - It Speaks for Itself 21
2.3 Causation 22
2.4 Categories of Claim 24
2.4.1 Prolongation 26
2.4.2 Disruption 28
2.5 The 'Knock-on' Effect 29
2.6 Damages 32
2.7 Mitigation [Prev 6.4] 33
2.7.1 Mitigation of Delay 33
2.7.2 Mitigation of Costs 34
2.8 Betterment 36
2.9 Notices 37
2.9.1 Requirement for Notice 38
2.9.2 Time Bar Clauses 39
2.9.3 Whether a Condition Precedent 41
2.9.4 Waiving the Requirement for Notice 42
2.9.5 Essential Elements of a Notice 43
2.9.6 Giving, Issue and Receipt of Notices 45
3 Time 47
3.1 General Points 47
3.1.1 Time Obligations in Building Contracts 47
3.1.2 Commencement Obligations 48
3.1.3 Progress Obligations 49
3.1.4 Completion Obligations (Including Partial Possession) 53
3.1.5 Time at Large 56
3.1.6 Time of the Essence 59
3.2 Extension of Time Clauses in Building Contracts 60
3.2.1 Basic Principles 60
3.2.2 The Prevention Principle 61
3.2.3 Onerous Clauses 62
3.2.4 Further Delays During a Period of Culpable Delay 62
3.3 Critical Path Analysis and Planning Software 63
3.4 The Society of Construction Law Delay and Disruption Protocol 66
3.5 Methods of Delay Analysis 67
3.5.1 Initial Steps: The Programme 67
3.5.2 Impacted as-Planned 74
3.5.3 Time Impact Analysis 77
3.5.4 As-built v As-planned 84
3.5.5 Collapsed As-built 87
3.5.5.1 Summary of Delay Analysis Methods 93
3.6 Float 95
3.6.1 'Financial' Effects of Using up Float 97
3.6.2 'Time' Effects of Using up Float 98
3.7 Concurrency 99
3.8 Acceleration 101
3.8.1 Introduction 101
3.8.2 Acceleration by Agreement or Instruction 102
3.8.3 Unilateral Acceleration 105
3.8.4 Constructive Acceleration 105
3.9 Sectional Completion 108
3.9.1 Where There Is a Single Date for Completion 108
3.9.2 Dependent Sections 109
3.10 'Milestone' or Key Dates 112
3.11 Foreshortened Programme 113
3.11.1 Contractor's Obligation to Complete 113
3.11.2 If the Contractor Could Have Completed Earlier 114
3.11.3 Late Information 115
4 Financial Compensation: Recovery of Direct Loss and/or Expense or Additional Costs 119
4.1 Definition 119
4.1.1 JCT 2016 v NEC4 Contracts - Different Approaches 120
4.1.2 JCT 2016 Contracts - 'Direct Loss and/or Expense' 120
4.1.3 NEC4 - 'Change in the Prices' 121
4.2 Direct v Indirect 122
4.3 Exclusion of Indirect or Consequential Loss 123
4.4 The More Common Heads of Loss 126
4.4.1 General Principles 126
4.4.2 Prolongation Costs 126
4.4.2.1 On-site Establishment Costs 127
4.4.2.2 Management Personnel Costs 128
4.4.2.3 Plant 129
4.4.2.4 WinterWorking 132
4.4.2.5 Head Office Overheads 132
4.4.2.6 Loss of Profit 137
4.4.3 Disruption Costs - UneconomicWorking 138
4.4.4 Other Costs 141
4.4.4.1 Increased Costs 141
4.4.4.2 Interest 143
4.4.4.3 Financing Charges 144
4.4.5 Costs of a Claim 145
4.4.6 Sub-Contractor Claims 147
4.5 Quantum Meruit Claims 148
4.5.1 Circumstances Giving Rise to Quantum Meruit Claims 148
4.5.2 Valuation of Quantum Meruit Claims 149
4.6 Exclusive Remedy Clauses 150
4.7 Claims at Termination of Contractor's Employment 151
4.7.1 Termination Claims Under JCT 2016 Contracts 151
4.7.2 Termination Claims Under NEC4 156
5 Claims for Variations Under the Contract, Acceleration, Bonus Clauses and Contractor's Share 161
5.1 Definitions and Scope 161
5.1.1 Definition of a 'Variation' 162
5.1.2 Scope of a 'Variation' - Contract Documents 164
5.1.3 Scope of a Variation - Bills of Quantities 166
5.1.4 Other Pricing Documents 172
5.2 JCT 2016 Contracts - Definitions of Variations 172
5.2.1 Alteration of Design, Quality or Quantity of theWork 172
5.2.2 Changes or Restrictions Imposed by the Employer 175
5.2.3 Instructions and Other Circumstances Giving Rise to a 'Variation' 178
5.2.3.1 Corrections to Contract Documents (Resolving Discrepancies, Ambiguities, Inadequacies, etc.) 179
5.2.3.2 Instructions 183
5.2.3.3 Design Submission Procedure and Contractor's Designed Portion ('CDP') 191
5.3 NEC4 Contracts - Definition of 'Compensation Events' (Including Variations) 193
5.3.1 NEC4 - Compensation Events 193
5.3.2 NEC4 - Compensation Event Procedure 196
5.4 Valuation Under JCT 2016 Contracts 203
5.4.1 The 'Valuation Rules' and Their Application 206
5.4.1.1 Valuation by Measurement 207
5.4.1.2 If theWork Cannot be Measured - Valuation on a Daywork Basis 212
5.4.1.3 Valuation of the Contractor's Design (Including the 'Contractor's Designed Portion') and 'Provisional Sums' 214
5.4.2 Variation and Acceleration Quotations and Contractor's Estimates 217
5.5 Valuation Under NEC4 Contracts (Including 'Contractor's Share') 221
5.5.1 Assessing Changes to the Prices 223
5.5.2 Contractor's Share (Options C and D) and Incentive Payment (Option X22) 230
5.6 Acceleration Provisions 233
5.6.1 Acceleration Under JCT SBC/Q 2016 and JCT DB 2016 233
5.6.2 Acceleration Under NEC4 234
5.6.3 Summary of Acceleration Provisions 234
5.7 Bonus Clauses 235
5.7.1 Contractor's Share 236
5.7.2 Early Completion Bonus 236
5.7.3 'Budget Incentive' for Early Contractor Involvement (Option X22) 236
5.7.4 Bonus Clauses and Acts of Prevention 237
6 Basis for Common Law Claims 239
6.1 General 239
6.1.1 Authority of Employer or His Representative 241
6.1.2 Effect of 'Final Certificates' 242
6.2 Implied Terms 243
6.2.1 General Principles 243
6.2.2 Terms Implied (or Imposed) by Statute 244
6.2.3 Common Law (Case Law) 245
6.2.4 Other Bases for Implied Terms in Building Contracts 249
6.3 Variation of the Contract Itself (Not a Variation Under the Terms of the Contract) 249
6.4 Omission ofWork to Give it to Others 250
6.5 ExtraWork 253
6.6 Possession of the Site 255
6.6.1 General Position 255
6.6.2 Sufficient Possession 255
6.6.3 Failure to Give Possession 256
6.6.4 Deferring Possession and Suspension by the Employer 257
6.7 Incorrect Information 258
6.7.1 Basis of Claim 258
6.7.2 Provision of Correct Information 258
7 Global Claims 263
7.1 General Points 263
7.2 Basic Principles of Global Claims 263
7.3 The Current Position 265
7.4 Summary 267
8 Employer Claims Against the Contractor 269
8.1 General 269
8.2 Delay Damages (Liquidated damages) for Late Completion 270
8.2.1 The Meaning and Purpose of Liquidated Damages 270
8.2.2 Liquidated Damages Clauses Must be Clear and Unambiguous 272
8.2.3 'Liquidated Damages' or a 'Penalty' 273
8.2.4 The Sum Expressed as Liquidated Damages and its Calculation 276
8.2.5 Liquidated Damages as the Only Remedy 279
8.2.6 Where There Is Partial Possession 280
8.2.7 Maximum Recovery - Including a Damages 'cap' 282
8.3 Procedures for Deducting Liquidated Damages for Late Completion 284
8.3.1 General Points 284
8.3.2 Liquidated Damages Under JCT 2016 Contracts 284
8.3.3 Liquidated Damages Under NEC4 286
8.3.4 Damages for Late Completion Summary 288
8.4 Defences to Liquidated Damages for Late Completion 288
8.4.1 By Agreement 288
8.4.2 Deficiencies in the Building Contract 291
8.4.3 Employer Failing to Observe the Contract Terms 291
8.4.4 Time Has Been Extended 292
8.4.5 Time Is at Large 292
8.4.6 The Contract Is Terminated 293
8.4.7 The Stipulated Sum Is Actually a Penalty 294
8.5 Defects: Reduction/Abatement of the Contract Price 295
8.5.1 General Points 295
8.5.2 Abatement/Reduction of the Contract Price 295
8.5.3 Abatement Under JCT 2016 Contracts 296
8.5.4 Abatement Under NEC4 297
8.5.5 Costs of Rectifying DefectiveWork 298
8.6 Employer Claims for Other Breaches of Contract 300
8.6.1 Liquidated Damages for Failing to Construct theWork to a Specified Area (m2 or ft2) 300
8.6.2 Other Damages and Costs Payable Under NEC4 301
9 Duties of the Employer's Representative 303
9.1 Employer's Representatives (Architects', Contract Administrator's and Project Manager's) Powers and Liability to the Contractor 303
9.1.1 General Points 303
9.1.2 Employer's Representative(s) - General Duties 305
9.1.3 Employer's Representative(s) - Relevant Duties 306
9.1.4 The Relevance of the Building Contract's Terms 307
9.1.5 Agency 308
9.1.6 Employer's Representative's Authority, Exercising Discretion, and Making Decisions 309
9.1.7 Employer's Representative and the Contractor 311
9.1.8 The Employer's Representative's Duties - Extensions of Time 311
9.1.9 Extension of Time Decisions and Time Limits 315
9.1.10 Loss and Expense Decisions and Time Limits 317
9.1.11 Employer's Liability for Breaches by the Employer's Representative 318
9.2 Quantity Surveyor 's Role 319
9.2.1 Valuation ofWork 323
9.2.2 Direct Loss and/or Expense 323
9.2.3 Quantity Surveyor's Duty 324
9.2.4 Duty to the Employer 325
9.2.5 Quantity Surveyor's Liability to Others 326
9.2.6 Quantity Surveyor Functions Under JCT 2016 Contracts 326
9.2.7 Quantity Surveyor Functions Under NEC4 329
9.2.8 Commercial Settlements 330
10 Preparation and Substantiation of Claims 333
10.1 Preparing a Claim 333
10.1.1 Introduction 333
10.1.2 General Principles 334
10.1.3 Requests for Further Information 335
10.1.4 Setting Out the Claim 337
10.1.5 Likely Content of a Claim 339
10.2 Types of Evidence Required to Support a Claim 340
10.2.1 Introduction 340
10.2.2 The Explanation (or Narrative) 344
10.2.3 Time Records (Programmes and Similar Documents) 346
10.2.4 Cost Records 347
10.2.5 Correspondence and Similar Documents 349
10.2.6 Photographs, Time-Lapse Video 350
10.2.7 Other Records (Site Meetings, Site Diaries, Labour Returns) 350
10.2.8 A Scott Schedule 352
Part II 355
11 Extensions of Time Under JCT 2016 Contracts 357
11.1 Introduction 357
11.1.1 Definitions and Interpretation 357
11.1.2 The Contractor's Obligation to Notify a Delay to Progress 359
11.2 The Contractor's Notifications 359
11.2.1 The Notice 359
11.2.2 Particulars of the Delay(s) Expected Effects 362
11.2.3 Updates: Material Change in Estimated Delay 363
11.3 Fixing a New Completion Date 363
11.3.1 Introduction 363
11.3.2 Fixing a New Completion Date During the Course of theWork 365
11.3.3 Fixing a New Completion Date After the Completion Date Has Passed 372
11.3.4 Other Conditions for Extensions of Time 373
11.4 Relevant Events - Grounds for Extensions of Time 375
11.4.1 Variations or Changes 375
11.4.2 Instructions 375
11.4.3 Deferment of Possession 375
11.4.4 Antiquities 378
11.4.5 Inaccurate Approximate Quantities 379
11.4.6 Contractor's Suspension for Nonpayment 379
11.4.7 Impediment, Prevention or Default by the Employer 380
11.4.7.1 Late Provision of Information 381
11.4.7.2 Work Not Forming Part of the Contract 383
11.4.7.3 Provision of Materials or Goods by the Employer 383
11.4.7.4 Failure to Give Access, Ingress or Egress 385
11.4.7.5 Compliance or Non-compliance with CDM Regulations 2015 385
11.4.8 Statutory Undertaker'sWork 386
11.4.9 Exceptionally AdverseWeather Conditions 387
11.4.10 Loss or Damage Occasioned by One or More of the Specified Perils 388
11.4.11 Civil Commotion or the Use or Threat of Terrorism 389
11.4.12 Strikes, Lock Out etc. 389
11.4.13 New Legislation After the Base Date 390
11.4.14 Delay in Receiving the Necessary Permissions (JCT DB 2016 only) 390
11.4.15 Insolvency of a 'Named Specialist' (JCT SBC/Q 2016 only) 391
11.4.16 'Named Sub-Contractors' (JCT IC 2016 Only) 392
11.4.17 Force Majeure 394
12 Loss and/or Expense under Jct 2016 Contracts 397
12.1 Introduction 397
12.1.1 General Points 397
12.1.2 No Relationship Between Relevant Matters and Relevant Events 400
12.2 The Contractor's Application and Assessment 402
12.2.1 The Key Loss and Expense Clause 402
12.2.2 Commentary on the Key Loss and Expense Clause 403
12.2.3 Content of the Contractor's Application 406
12.2.4 Timing of the Contractor's Notification ('Relevant Matters') 407
12.2.5 Meaning of Loss and Expense 411
12.2.6 Reimbursement Under Other Conditions of the Contract 411
12.2.7 Quotations and Estimates for Loss and Expense and Acceleration 413
12.2.8 Effect on Regular Progress 415
12.2.9 Provision of Further Information 416
12.2.10 'Form and Manner' of Requested Information 419
12.3 Ascertainment by the Employer or His Representative 419
12.3.1 Criteria for Ascertaining Loss and Expense 419
12.3.2 Ascertainment 421
12.3.3 Timing, Content and Detail of the Ascertainment 423
12.3.4 Matters within the Employer's or His Representative's Knowledge 425
12.4 The 'Relevant Matters' 427
12.4.1 Deferment of Possession 427
12.4.2 Variations or Changes 428
12.4.3 Other Circumstances Giving Risk to a Variation (or change) 429
12.4.4 Instructions 429
12.4.5 Antiquities 431
12.4.6 Contractor Suspending Performance of His Obligations 432
12.4.7 Inaccurate Approximate Quantities 432
12.4.8 Delay in Receiving Permissions (JCT DB 2016 only) 433
12.4.9 Impediment, Prevention or Default by the Employer 433
12.4.10 Amounts Ascertained to Be Added to the Contract Sum 434
12.4.11 Contractor's Other Rights and Remedies 435
13 Claims Under NEC 4 437
13.1 Introduction 437
13.1.1 Compensation Events 438
13.1.2 Compensation Events Procedure 438
13.2 Assessing Changes to the Prices 438
13.3 Assessing a Delay to the Completion Date and/or a Key Date 438
13.4 The Project Manager's Assessments 441
13.4.1 Clause 64 - the Project Manager's Assessments 441
13.5 The Compensation Events 442
13.5.1 Project Manager's Instructions Changing the Scope - Clause 60.1(1) 443
13.5.2 The Client's Failure to Allow Access to and Use of Part of the Site by Whichever is the Later of the Access Date and the Date Shown on the Accepted Programme - Clause 60.1(2) 443
13.5.3 The Client Fails to Provide Something by the Date in the Accepted Programme - Clause 60.1(3) 445
13.5.4 The Project Manager's Instruction to StopWork or Not to StartWork or Changing a Key Date - Clause 60.1(4) 446
13.5.5 The Failure of the Client or Others24 toWork (a) Within the Times on the Accepted Programme or (b) the Conditions Stated in the Scope or (c) Carrying OutWork on the Site that's Not in the Scope - Clause 60.1(5) 446
13.5.6 The Project Manager or the Supervisor Fails to Respond to a Communication Within the Agreed Period - Clause 60.1(6) 447
13.5.7 The Project Manager gives Instructions about an Object of Value, or Historical or Other Interest Found Within the Site - Clause 60.1(7) 449
13.5.8 The Project Manager or Supervisor Changes a Decision Previously Communicated to the Contractor - Clause 60.1(8) 449
13.5.9 The Project Manager Withholds an 'acceptance' for a Reason Not Stated in the Contract - Clause 60.1(9) 450
13.5.10 No Defect is Found After the Supervisor Instructs the Contractor to Search - Clause 60.1(10) 450
13.5.11 A Test or Inspection Carried Out by the Supervisor Causes Unnecessary Delay - Clause 60.1(11) 451
13.5.12 Physical Conditions Encountered by the Contractor Within the Site - Clause 60.1(12) 452
13.5.13 A 'weather measurement' is Recorded - Clause 60.1(13) 454
13.5.14 An event which is 'Client's liability' Occurs - Clause 60(14) 456
13.5.15 Taking Over of Part of theWorks is Certified by the Project Manager before Both Completion and the Completion Date - Clause 60.1(15) 457
13.5.16 The Client Fails to Provide Materials, Facilities and Samples for Tests in Accordance with the Scope - Clause 60.1(16) 458
13.5.17 The Project Manager Notifies a Correction to an Assumption Regarding a Compensation vent - Clause 60.1(17) 458
13.5.18 The Client Commits a Breach of the Contract that's Not a Compensation Event - Clause 60.1(18) 458
13.5.19 An Event that Prevents the Contractor Completing theWorks in Accordance with the Contract Occurs - Clause 60.1(19) 459
13.5.20 The Contractor is Notified by the Project Manager that a Quotation for a Proposed Instruction is Not Accepted - Clause 60.1(20) 460
13.5.21 Additional Compensation Events in Contract Data Part One - Clause 60.1(21) 461
13.5.22 Main Options B and D - A Difference Between the Final Quantity ofWork Done and the Quantity for an Item in the Bill of Quantities - Clause 60.4 462
13.5.23 Main Options B and D. A Difference Between the Final Total Quantity ofWork Done and the Quantity for an Item in the Bill of Quantities at the Contract Date which Delays Completion or a Key Date - Clause 60.5 464
13.5.24 Main Options B and D. Project Manager Corrects Mistakes in the Bill of Quantities which are Corrected by the Project Manager - Clause 60.6 464
13.5.25 Main Options B and D. Correcting an Inconsistency Between the Bill of Quantities and Another Document When Assessing a Compensation Event - Clause 60.7 465
13.5.26 Secondary Option X2.1. The Applicable Law Changes After the Contract Date 465
13.5.27 Secondary Option X12.3(6) An Instruction Given by the Core Group to the Partners to Change the Partnering Information 466
13.5.28 Secondary Option X14.2 - Delay in Making the Advanced Payment 466
13.5.29 Secondary Option X15.2 - The Correction of a Defect for Which it was Not Liable by the Contractor 467
13.5.30 Secondary Option Y(UK)2 Y2.5 Suspension of Performance by the Contractor under the Housing Grants, Construction and Regeneration Act 1996 ('the Act') 467
Part III 469
14 Sub-Contract Claims 471
14.1 Introduction 471
14.1.1 JCT 2016 Sub-Contracts 472
14.1.2 NEC4 Sub-Contract 474
14.2 Variations Under the Sub-Contracts 475
14.2.1 Variations Under the JCT 2016 Sub-Contracts 475
14.2.2 NEC4 Sub-Contracts 477
14.3 Extensions of Time Under Sub-Contracts 481
14.3.1 JCT 2016 Sub-Contracts' Delay Notifications 481
14.3.2 JCT 2016 Sub-Contracts: Fixing Period for Completion 485
14.3.3 JCT 2016 Sub-Contracts: Relevant Sub-Contract Events 488
14.3.4 NEC4 Sub-Contracts 506
14.4 Loss and Expense Under the Sub-Contracts 507
14.4.1 JCT 2016 Sub-Contractor's Application and Main Contractor's Assessment 507
14.4.2 JCT 2016 Relevant Sub-Contract Matters 508
14.4.3 Reservation of Rights and Remedies 510
14.5 Main Contractor Claims Against Sub-Contractors 511
14.5.1 Main Contractor's Claims 511
14.5.2 Delayed Completion by the Sub-Contractor 512
14.5.3 Common Heads of Loss and Expense Claimed by the Main Contractor Against the Sub-Contractor 514
15 Professional Fee Claims 517
15.1 Introduction 517
15.1.1 Means of Appointing Professional Consultants 517
15.1.2 Consultants' Core Obligations 519
15.1.3 Client's Core Obligations 523
15.1.4 Basis for Consultant's Fees 523
15.1.5 The Basis for Charging for Consultant's Fees 525
15.2 Claims Made by Consultants 527
15.2.1 Claims for 'Variations' (Additional Services) 528
15.2.2 Adjusting the Time (Programme) for the Consultants' Services 528
15.2.3 NEC4 PSC Compensation Events 530
15.2.4 Consultant's Claims for Extensions of Time 532
15.2.5 Consultant's Claims for Additional Fees 536
15.2.6 Consultant's Claims for Common law Damages 538
15.3 Client Claims Against Consultants 538
15.3.1 Establishing the Standard for the Consultant's Services 539
15.3.2 Common Claims by the Client Against his Representative 539
15.3.3 Common Claims by the Client Against a Designer 540
15.3.4 Common Claims by the Client Against a Quantity Surveyor 541
Appendix A Example of Contractor's Claim for Reimbursement of Direct Loss and/or Expense Under the JCT 2016 Contracts 543
A.1 Introduction 543
A.2 Example Particulars 544
A.3 Explanation of Costs or Expenditure 546
A.4 Loss and Expense for Employer Delay 1 - Details 549
A.5 Loss and Expense for Employer Delay 1 - Entitlement and Quantum 550
A.6 Loss and Expense for Employer Delay 2 - Details 550
A.7 Loss and Expense for Employer Delay 2 - Entitlement and Quantum 550
A.8 Observations for Loss and Expense for Employer Delay Claims 1 and 2 555
Appendix B Example of Compensation Event Claim Under NEC4 561
B.1 Introduction 561
B.1.1 Details of the Compensation Event 561
B.1.2 Observations on the Compensation Event Assessment 564
Index 581
Part I 1
1 Introduction 3
1.1 General Introduction to 'Claims' 3
1.1.1 General 4
1.1.2 Contractual Claims 4
1.1.3 Extension of Time and Loss and/or Expense 5
1.1.4 Variations 6
1.1.5 Unexpected Problems 6
1.2 Standard Forms of Contract Considered in This Book 7
1.2.1 JCT 2016 Contracts 8
1.2.2 NEC4 Contracts 9
1.3 Types of Claims by the Contractor 11
1.3.1 Contractual Claims 11
1.3.2 Common Law Claims 11
1.3.3 Quantum meruit Claims [Detailed Text Transferred to 4.5] 12
1.3.4 Ex gratia Claims 12
1.4 Types of Claims by the Employer 13
1.4.1 Delay Damages 13
1.4.2 Low Performance Damages 13
1.4.3 Reduction of the Contract Price for Non-CompliantWork 14
1.4.4 Other Claims 14
1.5 Structure of This Book 15
2 General Principles 17
2.1 Entitlement 17
2.1.1 Contractual Entitlement 17
2.1.2 Duty, Breach, Causation and Loss 20
2.2 The Burden of Proof 21
2.2.1 The Burden of Proof 21
2.2.2 Res Ipsa Loquitur - It Speaks for Itself 21
2.3 Causation 22
2.4 Categories of Claim 24
2.4.1 Prolongation 26
2.4.2 Disruption 28
2.5 The 'Knock-on' Effect 29
2.6 Damages 32
2.7 Mitigation [Prev 6.4] 33
2.7.1 Mitigation of Delay 33
2.7.2 Mitigation of Costs 34
2.8 Betterment 36
2.9 Notices 37
2.9.1 Requirement for Notice 38
2.9.2 Time Bar Clauses 39
2.9.3 Whether a Condition Precedent 41
2.9.4 Waiving the Requirement for Notice 42
2.9.5 Essential Elements of a Notice 43
2.9.6 Giving, Issue and Receipt of Notices 45
3 Time 47
3.1 General Points 47
3.1.1 Time Obligations in Building Contracts 47
3.1.2 Commencement Obligations 48
3.1.3 Progress Obligations 49
3.1.4 Completion Obligations (Including Partial Possession) 53
3.1.5 Time at Large 56
3.1.6 Time of the Essence 59
3.2 Extension of Time Clauses in Building Contracts 60
3.2.1 Basic Principles 60
3.2.2 The Prevention Principle 61
3.2.3 Onerous Clauses 62
3.2.4 Further Delays During a Period of Culpable Delay 62
3.3 Critical Path Analysis and Planning Software 63
3.4 The Society of Construction Law Delay and Disruption Protocol 66
3.5 Methods of Delay Analysis 67
3.5.1 Initial Steps: The Programme 67
3.5.2 Impacted as-Planned 74
3.5.3 Time Impact Analysis 77
3.5.4 As-built v As-planned 84
3.5.5 Collapsed As-built 87
3.5.5.1 Summary of Delay Analysis Methods 93
3.6 Float 95
3.6.1 'Financial' Effects of Using up Float 97
3.6.2 'Time' Effects of Using up Float 98
3.7 Concurrency 99
3.8 Acceleration 101
3.8.1 Introduction 101
3.8.2 Acceleration by Agreement or Instruction 102
3.8.3 Unilateral Acceleration 105
3.8.4 Constructive Acceleration 105
3.9 Sectional Completion 108
3.9.1 Where There Is a Single Date for Completion 108
3.9.2 Dependent Sections 109
3.10 'Milestone' or Key Dates 112
3.11 Foreshortened Programme 113
3.11.1 Contractor's Obligation to Complete 113
3.11.2 If the Contractor Could Have Completed Earlier 114
3.11.3 Late Information 115
4 Financial Compensation: Recovery of Direct Loss and/or Expense or Additional Costs 119
4.1 Definition 119
4.1.1 JCT 2016 v NEC4 Contracts - Different Approaches 120
4.1.2 JCT 2016 Contracts - 'Direct Loss and/or Expense' 120
4.1.3 NEC4 - 'Change in the Prices' 121
4.2 Direct v Indirect 122
4.3 Exclusion of Indirect or Consequential Loss 123
4.4 The More Common Heads of Loss 126
4.4.1 General Principles 126
4.4.2 Prolongation Costs 126
4.4.2.1 On-site Establishment Costs 127
4.4.2.2 Management Personnel Costs 128
4.4.2.3 Plant 129
4.4.2.4 WinterWorking 132
4.4.2.5 Head Office Overheads 132
4.4.2.6 Loss of Profit 137
4.4.3 Disruption Costs - UneconomicWorking 138
4.4.4 Other Costs 141
4.4.4.1 Increased Costs 141
4.4.4.2 Interest 143
4.4.4.3 Financing Charges 144
4.4.5 Costs of a Claim 145
4.4.6 Sub-Contractor Claims 147
4.5 Quantum Meruit Claims 148
4.5.1 Circumstances Giving Rise to Quantum Meruit Claims 148
4.5.2 Valuation of Quantum Meruit Claims 149
4.6 Exclusive Remedy Clauses 150
4.7 Claims at Termination of Contractor's Employment 151
4.7.1 Termination Claims Under JCT 2016 Contracts 151
4.7.2 Termination Claims Under NEC4 156
5 Claims for Variations Under the Contract, Acceleration, Bonus Clauses and Contractor's Share 161
5.1 Definitions and Scope 161
5.1.1 Definition of a 'Variation' 162
5.1.2 Scope of a 'Variation' - Contract Documents 164
5.1.3 Scope of a Variation - Bills of Quantities 166
5.1.4 Other Pricing Documents 172
5.2 JCT 2016 Contracts - Definitions of Variations 172
5.2.1 Alteration of Design, Quality or Quantity of theWork 172
5.2.2 Changes or Restrictions Imposed by the Employer 175
5.2.3 Instructions and Other Circumstances Giving Rise to a 'Variation' 178
5.2.3.1 Corrections to Contract Documents (Resolving Discrepancies, Ambiguities, Inadequacies, etc.) 179
5.2.3.2 Instructions 183
5.2.3.3 Design Submission Procedure and Contractor's Designed Portion ('CDP') 191
5.3 NEC4 Contracts - Definition of 'Compensation Events' (Including Variations) 193
5.3.1 NEC4 - Compensation Events 193
5.3.2 NEC4 - Compensation Event Procedure 196
5.4 Valuation Under JCT 2016 Contracts 203
5.4.1 The 'Valuation Rules' and Their Application 206
5.4.1.1 Valuation by Measurement 207
5.4.1.2 If theWork Cannot be Measured - Valuation on a Daywork Basis 212
5.4.1.3 Valuation of the Contractor's Design (Including the 'Contractor's Designed Portion') and 'Provisional Sums' 214
5.4.2 Variation and Acceleration Quotations and Contractor's Estimates 217
5.5 Valuation Under NEC4 Contracts (Including 'Contractor's Share') 221
5.5.1 Assessing Changes to the Prices 223
5.5.2 Contractor's Share (Options C and D) and Incentive Payment (Option X22) 230
5.6 Acceleration Provisions 233
5.6.1 Acceleration Under JCT SBC/Q 2016 and JCT DB 2016 233
5.6.2 Acceleration Under NEC4 234
5.6.3 Summary of Acceleration Provisions 234
5.7 Bonus Clauses 235
5.7.1 Contractor's Share 236
5.7.2 Early Completion Bonus 236
5.7.3 'Budget Incentive' for Early Contractor Involvement (Option X22) 236
5.7.4 Bonus Clauses and Acts of Prevention 237
6 Basis for Common Law Claims 239
6.1 General 239
6.1.1 Authority of Employer or His Representative 241
6.1.2 Effect of 'Final Certificates' 242
6.2 Implied Terms 243
6.2.1 General Principles 243
6.2.2 Terms Implied (or Imposed) by Statute 244
6.2.3 Common Law (Case Law) 245
6.2.4 Other Bases for Implied Terms in Building Contracts 249
6.3 Variation of the Contract Itself (Not a Variation Under the Terms of the Contract) 249
6.4 Omission ofWork to Give it to Others 250
6.5 ExtraWork 253
6.6 Possession of the Site 255
6.6.1 General Position 255
6.6.2 Sufficient Possession 255
6.6.3 Failure to Give Possession 256
6.6.4 Deferring Possession and Suspension by the Employer 257
6.7 Incorrect Information 258
6.7.1 Basis of Claim 258
6.7.2 Provision of Correct Information 258
7 Global Claims 263
7.1 General Points 263
7.2 Basic Principles of Global Claims 263
7.3 The Current Position 265
7.4 Summary 267
8 Employer Claims Against the Contractor 269
8.1 General 269
8.2 Delay Damages (Liquidated damages) for Late Completion 270
8.2.1 The Meaning and Purpose of Liquidated Damages 270
8.2.2 Liquidated Damages Clauses Must be Clear and Unambiguous 272
8.2.3 'Liquidated Damages' or a 'Penalty' 273
8.2.4 The Sum Expressed as Liquidated Damages and its Calculation 276
8.2.5 Liquidated Damages as the Only Remedy 279
8.2.6 Where There Is Partial Possession 280
8.2.7 Maximum Recovery - Including a Damages 'cap' 282
8.3 Procedures for Deducting Liquidated Damages for Late Completion 284
8.3.1 General Points 284
8.3.2 Liquidated Damages Under JCT 2016 Contracts 284
8.3.3 Liquidated Damages Under NEC4 286
8.3.4 Damages for Late Completion Summary 288
8.4 Defences to Liquidated Damages for Late Completion 288
8.4.1 By Agreement 288
8.4.2 Deficiencies in the Building Contract 291
8.4.3 Employer Failing to Observe the Contract Terms 291
8.4.4 Time Has Been Extended 292
8.4.5 Time Is at Large 292
8.4.6 The Contract Is Terminated 293
8.4.7 The Stipulated Sum Is Actually a Penalty 294
8.5 Defects: Reduction/Abatement of the Contract Price 295
8.5.1 General Points 295
8.5.2 Abatement/Reduction of the Contract Price 295
8.5.3 Abatement Under JCT 2016 Contracts 296
8.5.4 Abatement Under NEC4 297
8.5.5 Costs of Rectifying DefectiveWork 298
8.6 Employer Claims for Other Breaches of Contract 300
8.6.1 Liquidated Damages for Failing to Construct theWork to a Specified Area (m2 or ft2) 300
8.6.2 Other Damages and Costs Payable Under NEC4 301
9 Duties of the Employer's Representative 303
9.1 Employer's Representatives (Architects', Contract Administrator's and Project Manager's) Powers and Liability to the Contractor 303
9.1.1 General Points 303
9.1.2 Employer's Representative(s) - General Duties 305
9.1.3 Employer's Representative(s) - Relevant Duties 306
9.1.4 The Relevance of the Building Contract's Terms 307
9.1.5 Agency 308
9.1.6 Employer's Representative's Authority, Exercising Discretion, and Making Decisions 309
9.1.7 Employer's Representative and the Contractor 311
9.1.8 The Employer's Representative's Duties - Extensions of Time 311
9.1.9 Extension of Time Decisions and Time Limits 315
9.1.10 Loss and Expense Decisions and Time Limits 317
9.1.11 Employer's Liability for Breaches by the Employer's Representative 318
9.2 Quantity Surveyor 's Role 319
9.2.1 Valuation ofWork 323
9.2.2 Direct Loss and/or Expense 323
9.2.3 Quantity Surveyor's Duty 324
9.2.4 Duty to the Employer 325
9.2.5 Quantity Surveyor's Liability to Others 326
9.2.6 Quantity Surveyor Functions Under JCT 2016 Contracts 326
9.2.7 Quantity Surveyor Functions Under NEC4 329
9.2.8 Commercial Settlements 330
10 Preparation and Substantiation of Claims 333
10.1 Preparing a Claim 333
10.1.1 Introduction 333
10.1.2 General Principles 334
10.1.3 Requests for Further Information 335
10.1.4 Setting Out the Claim 337
10.1.5 Likely Content of a Claim 339
10.2 Types of Evidence Required to Support a Claim 340
10.2.1 Introduction 340
10.2.2 The Explanation (or Narrative) 344
10.2.3 Time Records (Programmes and Similar Documents) 346
10.2.4 Cost Records 347
10.2.5 Correspondence and Similar Documents 349
10.2.6 Photographs, Time-Lapse Video 350
10.2.7 Other Records (Site Meetings, Site Diaries, Labour Returns) 350
10.2.8 A Scott Schedule 352
Part II 355
11 Extensions of Time Under JCT 2016 Contracts 357
11.1 Introduction 357
11.1.1 Definitions and Interpretation 357
11.1.2 The Contractor's Obligation to Notify a Delay to Progress 359
11.2 The Contractor's Notifications 359
11.2.1 The Notice 359
11.2.2 Particulars of the Delay(s) Expected Effects 362
11.2.3 Updates: Material Change in Estimated Delay 363
11.3 Fixing a New Completion Date 363
11.3.1 Introduction 363
11.3.2 Fixing a New Completion Date During the Course of theWork 365
11.3.3 Fixing a New Completion Date After the Completion Date Has Passed 372
11.3.4 Other Conditions for Extensions of Time 373
11.4 Relevant Events - Grounds for Extensions of Time 375
11.4.1 Variations or Changes 375
11.4.2 Instructions 375
11.4.3 Deferment of Possession 375
11.4.4 Antiquities 378
11.4.5 Inaccurate Approximate Quantities 379
11.4.6 Contractor's Suspension for Nonpayment 379
11.4.7 Impediment, Prevention or Default by the Employer 380
11.4.7.1 Late Provision of Information 381
11.4.7.2 Work Not Forming Part of the Contract 383
11.4.7.3 Provision of Materials or Goods by the Employer 383
11.4.7.4 Failure to Give Access, Ingress or Egress 385
11.4.7.5 Compliance or Non-compliance with CDM Regulations 2015 385
11.4.8 Statutory Undertaker'sWork 386
11.4.9 Exceptionally AdverseWeather Conditions 387
11.4.10 Loss or Damage Occasioned by One or More of the Specified Perils 388
11.4.11 Civil Commotion or the Use or Threat of Terrorism 389
11.4.12 Strikes, Lock Out etc. 389
11.4.13 New Legislation After the Base Date 390
11.4.14 Delay in Receiving the Necessary Permissions (JCT DB 2016 only) 390
11.4.15 Insolvency of a 'Named Specialist' (JCT SBC/Q 2016 only) 391
11.4.16 'Named Sub-Contractors' (JCT IC 2016 Only) 392
11.4.17 Force Majeure 394
12 Loss and/or Expense under Jct 2016 Contracts 397
12.1 Introduction 397
12.1.1 General Points 397
12.1.2 No Relationship Between Relevant Matters and Relevant Events 400
12.2 The Contractor's Application and Assessment 402
12.2.1 The Key Loss and Expense Clause 402
12.2.2 Commentary on the Key Loss and Expense Clause 403
12.2.3 Content of the Contractor's Application 406
12.2.4 Timing of the Contractor's Notification ('Relevant Matters') 407
12.2.5 Meaning of Loss and Expense 411
12.2.6 Reimbursement Under Other Conditions of the Contract 411
12.2.7 Quotations and Estimates for Loss and Expense and Acceleration 413
12.2.8 Effect on Regular Progress 415
12.2.9 Provision of Further Information 416
12.2.10 'Form and Manner' of Requested Information 419
12.3 Ascertainment by the Employer or His Representative 419
12.3.1 Criteria for Ascertaining Loss and Expense 419
12.3.2 Ascertainment 421
12.3.3 Timing, Content and Detail of the Ascertainment 423
12.3.4 Matters within the Employer's or His Representative's Knowledge 425
12.4 The 'Relevant Matters' 427
12.4.1 Deferment of Possession 427
12.4.2 Variations or Changes 428
12.4.3 Other Circumstances Giving Risk to a Variation (or change) 429
12.4.4 Instructions 429
12.4.5 Antiquities 431
12.4.6 Contractor Suspending Performance of His Obligations 432
12.4.7 Inaccurate Approximate Quantities 432
12.4.8 Delay in Receiving Permissions (JCT DB 2016 only) 433
12.4.9 Impediment, Prevention or Default by the Employer 433
12.4.10 Amounts Ascertained to Be Added to the Contract Sum 434
12.4.11 Contractor's Other Rights and Remedies 435
13 Claims Under NEC 4 437
13.1 Introduction 437
13.1.1 Compensation Events 438
13.1.2 Compensation Events Procedure 438
13.2 Assessing Changes to the Prices 438
13.3 Assessing a Delay to the Completion Date and/or a Key Date 438
13.4 The Project Manager's Assessments 441
13.4.1 Clause 64 - the Project Manager's Assessments 441
13.5 The Compensation Events 442
13.5.1 Project Manager's Instructions Changing the Scope - Clause 60.1(1) 443
13.5.2 The Client's Failure to Allow Access to and Use of Part of the Site by Whichever is the Later of the Access Date and the Date Shown on the Accepted Programme - Clause 60.1(2) 443
13.5.3 The Client Fails to Provide Something by the Date in the Accepted Programme - Clause 60.1(3) 445
13.5.4 The Project Manager's Instruction to StopWork or Not to StartWork or Changing a Key Date - Clause 60.1(4) 446
13.5.5 The Failure of the Client or Others24 toWork (a) Within the Times on the Accepted Programme or (b) the Conditions Stated in the Scope or (c) Carrying OutWork on the Site that's Not in the Scope - Clause 60.1(5) 446
13.5.6 The Project Manager or the Supervisor Fails to Respond to a Communication Within the Agreed Period - Clause 60.1(6) 447
13.5.7 The Project Manager gives Instructions about an Object of Value, or Historical or Other Interest Found Within the Site - Clause 60.1(7) 449
13.5.8 The Project Manager or Supervisor Changes a Decision Previously Communicated to the Contractor - Clause 60.1(8) 449
13.5.9 The Project Manager Withholds an 'acceptance' for a Reason Not Stated in the Contract - Clause 60.1(9) 450
13.5.10 No Defect is Found After the Supervisor Instructs the Contractor to Search - Clause 60.1(10) 450
13.5.11 A Test or Inspection Carried Out by the Supervisor Causes Unnecessary Delay - Clause 60.1(11) 451
13.5.12 Physical Conditions Encountered by the Contractor Within the Site - Clause 60.1(12) 452
13.5.13 A 'weather measurement' is Recorded - Clause 60.1(13) 454
13.5.14 An event which is 'Client's liability' Occurs - Clause 60(14) 456
13.5.15 Taking Over of Part of theWorks is Certified by the Project Manager before Both Completion and the Completion Date - Clause 60.1(15) 457
13.5.16 The Client Fails to Provide Materials, Facilities and Samples for Tests in Accordance with the Scope - Clause 60.1(16) 458
13.5.17 The Project Manager Notifies a Correction to an Assumption Regarding a Compensation vent - Clause 60.1(17) 458
13.5.18 The Client Commits a Breach of the Contract that's Not a Compensation Event - Clause 60.1(18) 458
13.5.19 An Event that Prevents the Contractor Completing theWorks in Accordance with the Contract Occurs - Clause 60.1(19) 459
13.5.20 The Contractor is Notified by the Project Manager that a Quotation for a Proposed Instruction is Not Accepted - Clause 60.1(20) 460
13.5.21 Additional Compensation Events in Contract Data Part One - Clause 60.1(21) 461
13.5.22 Main Options B and D - A Difference Between the Final Quantity ofWork Done and the Quantity for an Item in the Bill of Quantities - Clause 60.4 462
13.5.23 Main Options B and D. A Difference Between the Final Total Quantity ofWork Done and the Quantity for an Item in the Bill of Quantities at the Contract Date which Delays Completion or a Key Date - Clause 60.5 464
13.5.24 Main Options B and D. Project Manager Corrects Mistakes in the Bill of Quantities which are Corrected by the Project Manager - Clause 60.6 464
13.5.25 Main Options B and D. Correcting an Inconsistency Between the Bill of Quantities and Another Document When Assessing a Compensation Event - Clause 60.7 465
13.5.26 Secondary Option X2.1. The Applicable Law Changes After the Contract Date 465
13.5.27 Secondary Option X12.3(6) An Instruction Given by the Core Group to the Partners to Change the Partnering Information 466
13.5.28 Secondary Option X14.2 - Delay in Making the Advanced Payment 466
13.5.29 Secondary Option X15.2 - The Correction of a Defect for Which it was Not Liable by the Contractor 467
13.5.30 Secondary Option Y(UK)2 Y2.5 Suspension of Performance by the Contractor under the Housing Grants, Construction and Regeneration Act 1996 ('the Act') 467
Part III 469
14 Sub-Contract Claims 471
14.1 Introduction 471
14.1.1 JCT 2016 Sub-Contracts 472
14.1.2 NEC4 Sub-Contract 474
14.2 Variations Under the Sub-Contracts 475
14.2.1 Variations Under the JCT 2016 Sub-Contracts 475
14.2.2 NEC4 Sub-Contracts 477
14.3 Extensions of Time Under Sub-Contracts 481
14.3.1 JCT 2016 Sub-Contracts' Delay Notifications 481
14.3.2 JCT 2016 Sub-Contracts: Fixing Period for Completion 485
14.3.3 JCT 2016 Sub-Contracts: Relevant Sub-Contract Events 488
14.3.4 NEC4 Sub-Contracts 506
14.4 Loss and Expense Under the Sub-Contracts 507
14.4.1 JCT 2016 Sub-Contractor's Application and Main Contractor's Assessment 507
14.4.2 JCT 2016 Relevant Sub-Contract Matters 508
14.4.3 Reservation of Rights and Remedies 510
14.5 Main Contractor Claims Against Sub-Contractors 511
14.5.1 Main Contractor's Claims 511
14.5.2 Delayed Completion by the Sub-Contractor 512
14.5.3 Common Heads of Loss and Expense Claimed by the Main Contractor Against the Sub-Contractor 514
15 Professional Fee Claims 517
15.1 Introduction 517
15.1.1 Means of Appointing Professional Consultants 517
15.1.2 Consultants' Core Obligations 519
15.1.3 Client's Core Obligations 523
15.1.4 Basis for Consultant's Fees 523
15.1.5 The Basis for Charging for Consultant's Fees 525
15.2 Claims Made by Consultants 527
15.2.1 Claims for 'Variations' (Additional Services) 528
15.2.2 Adjusting the Time (Programme) for the Consultants' Services 528
15.2.3 NEC4 PSC Compensation Events 530
15.2.4 Consultant's Claims for Extensions of Time 532
15.2.5 Consultant's Claims for Additional Fees 536
15.2.6 Consultant's Claims for Common law Damages 538
15.3 Client Claims Against Consultants 538
15.3.1 Establishing the Standard for the Consultant's Services 539
15.3.2 Common Claims by the Client Against his Representative 539
15.3.3 Common Claims by the Client Against a Designer 540
15.3.4 Common Claims by the Client Against a Quantity Surveyor 541
Appendix A Example of Contractor's Claim for Reimbursement of Direct Loss and/or Expense Under the JCT 2016 Contracts 543
A.1 Introduction 543
A.2 Example Particulars 544
A.3 Explanation of Costs or Expenditure 546
A.4 Loss and Expense for Employer Delay 1 - Details 549
A.5 Loss and Expense for Employer Delay 1 - Entitlement and Quantum 550
A.6 Loss and Expense for Employer Delay 2 - Details 550
A.7 Loss and Expense for Employer Delay 2 - Entitlement and Quantum 550
A.8 Observations for Loss and Expense for Employer Delay Claims 1 and 2 555
Appendix B Example of Compensation Event Claim Under NEC4 561
B.1 Introduction 561
B.1.1 Details of the Compensation Event 561
B.1.2 Observations on the Compensation Event Assessment 564
Index 581