Prolongation Claim
In the Open Standard
Steve CleverleyMember for 22 years 6 months
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Hello Everyone,
I am running a mid level project covering HVAC, Electrical & Fire Protection as a Sub Contractor.
The client issued a stop work notice last November via the contractor to put any further work with the internal partitioning and layouts of the building on hold. They engaged a new company to design new layouts etc which have become available for the contractor to start work in late March. THe services now have to be re designed using the original equipment (stored on site)with additonal design requirments for areas not covered in the original design and contract.
Q.
The stoppage or delay is undeniably client based and I need to enter a claim to the main contrator for prolongation.
I’ve not done one before but my initial research suggests that depending how far I believe I can go with what I can claim is based on the circumstances and imagination in what can be argued as a cost by the very competent QS they have employed..
Is there someone who can assist me in how to start on this. Is there a set format to follow on what items can I recover ie having expat staff on site during this delay, what plant etc and how to itemise it out.
I’d appreciate any help.
Regards
steve
I am running a mid level project covering HVAC, Electrical & Fire Protection as a Sub Contractor.
The client issued a stop work notice last November via the contractor to put any further work with the internal partitioning and layouts of the building on hold. They engaged a new company to design new layouts etc which have become available for the contractor to start work in late March. THe services now have to be re designed using the original equipment (stored on site)with additonal design requirments for areas not covered in the original design and contract.
Q.
The stoppage or delay is undeniably client based and I need to enter a claim to the main contrator for prolongation.
I’ve not done one before but my initial research suggests that depending how far I believe I can go with what I can claim is based on the circumstances and imagination in what can be argued as a cost by the very competent QS they have employed..
Is there someone who can assist me in how to start on this. Is there a set format to follow on what items can I recover ie having expat staff on site during this delay, what plant etc and how to itemise it out.
I’d appreciate any help.
Regards
steve
4 replies
Oldest first- 0Shahzad Munawar ·Before claiming anything under your Subcontract Agreement please consider following points:
a) It is not determined from your Statement that whether your Sub-Contract Agreement is with the Main Contractor or with the Client. Client seems to be other party to whom no concern with your Agreement.
b) Also see your Subcontract Agreement Provisions whether you are entitled to claim prolongation under Sub-Contract Agreement or not. If Yes, then your claim can be justified otherwise it will be rejected
c)If you justify (b) then you can claim loss of efficiency, loss of productivity and overheads under this head for your specified period.
- 0Steve Cleverley ·Thanks Shahzad,
The sub contract agreement is with the main contractor and we are entitled to make a claim.
Is loss of efficiency and loss of productivity on site a similar item or is this mean’t to mean off site or different parts of the claim.
In looking at some of the forum questions/responses obviously the claim should be based around the programe, where we were at that point (November)in terms of work completed, what the builders position was, what material, plant etc.
As I mentioned I’m inexperienced at where to start, what to include and or if there is any specific format to follow.
and I need someone’s guidance if there are any of you who can help. Is there a site on the web that has this format - 0Shahzad Munawar ·Hi Steve:
Loss ofefficiency and productivity are entirely two different heads and evaluation of both claims is also different but these two are integral part of a Prolongation Claim.
Moreover, there is no specific web site which contains such standard formats. These formats have to be derived internally as per Client’s requirement and nature of Claim.
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