In our experience the majority of disputes on Construction Contracts relate to time for completion. Whether it is through a Employer or Contractor imposing liquidated damages, or alternatively a Contractor or Sub-Contractor’s claim for an extension of time, the liquidated damages or loss and expense element usually form a substantial proportion of the sums in dispute.
We provide advise upon the timely issue of Notices of delay and loss and expense with the use of ‘snapshot’ programmes indicating the cause and effect of delay.
The timely issue and clarity of these documents are fundamental in preventing disputes escalating further down the line.
Recent case law, for example RGB Plastering Limited v Tawe Drylining and Plastering Limited  EWHC 3028 (TCC) demonstrates the importance of the correct submission of applications for payment.
Current Case Law
Whilst we are a firm of Quantity Surveyors specialising in Adjudication, we pride ourselves on keeping up to date with the current case law, particularly with regard to Adjudication.
Whilst we encourage settlement of disputes without the need for Adjudication where possible, in the event the Adjudication we ensure that any Referral is made on a sound legal basis.
Without doubt all construction projects carried out during 2020 have been affected by the Covid-19 pandemic. The remedy available differs from Contract to Contract, for example under a JCT Contract there may well be a remedy for an extension of time, but not necessarily loss and expense, whereas under NEC 3 / 4 Contracts the compensation event may well be reimbursable.
We are currently giving advice on a variety of Contracts on this issue, please call for a free consultation.
To contact us:
07949 095048 Peter
07740 264420 Sarah