𝗖𝗹𝗮𝗶𝗺𝗶𝗻𝗴 𝗣𝗿𝗼𝗹𝗼𝗻𝗴𝗮𝘁𝗶𝗼𝗻 𝗖𝗼𝘀𝘁𝘀 𝗗𝘂𝗿𝗶𝗻𝗴 𝘁𝗵𝗲 𝗣𝗿𝗼𝗷𝗲𝗰𝘁

When claiming 𝗽𝗿𝗼𝗹𝗼𝗻𝗴𝗮𝘁𝗶𝗼𝗻 𝗰𝗼𝘀𝘁𝘀, a contractor must ensure that its claim includes sufficient details to establish the 𝗶𝗻𝗰𝘂𝗿𝗿𝗲𝗱 𝗹𝗼𝘀𝘀 𝗮𝗻𝗱 𝗲𝘅𝗽𝗲𝗻𝘀𝗲. While comprehensive supporting information strengthens a claim, the judgment in 𝘞𝘢𝘭𝘵𝘦𝘳 𝘓𝘪𝘭𝘭𝘺 & 𝘊𝘰𝘮𝘱𝘢𝘯𝘺 𝘓𝘪𝘮𝘪𝘵𝘦𝘥 𝘷 𝘎𝘪𝘭𝘦𝘴 𝘗𝘢𝘵𝘳𝘪𝘤𝘬 𝘊𝘺𝘳𝘪𝘭 𝘔𝘢𝘤𝘬𝘢𝘺 [2012] EWHC 1773 (TCC) clarifies that contractors are not required to provide “every conceivable detail.” The 𝗔𝗿𝗰𝗵𝗶𝘁𝗲𝗰𝘁 𝗮𝗻𝗱 𝗤𝘂𝗮𝗻𝘁𝗶𝘁𝘆 𝗦𝘂𝗿𝘃𝗲𝘆𝗼𝗿 involved in the project are expected to understand the necessary context.

🔹𝗟𝗶𝗻𝗸 𝗖𝗼𝘀𝘁𝘀 𝘁𝗼 𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗿 𝗗𝗲𝗹𝗮𝘆𝘀

Prolongation costs must be directly linked to 𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗿-𝗰𝗮𝘂𝘀𝗲𝗱 𝗱𝗲𝗹𝗮𝘆𝘀. Avoid 𝗴𝗹𝗼𝗯𝗮𝗹 𝗰𝗹𝗮𝗶𝗺𝘀 that assume a connection between costs and risk events without evidence. The 𝗯𝘂𝗿𝗱𝗲𝗻 𝗼𝗳 𝗽𝗿𝗼𝗼𝗳 lies with the contractor to demonstrate:

✅ Delay events occurred that justify compensation.
✅ These events caused measurable delays and/or disruptions.
✅ The delays or disruptions led to financial loss or expense.

🔹 𝗪𝗵𝗮𝘁 𝗜𝘀 𝗡𝗼𝘁 𝗥𝗲𝗰𝗼𝘃𝗲𝗿𝗮𝗯𝗹𝗲?

Costs that a contractor would have incurred anyway to complete the project—𝘁𝗮𝘀𝗸-𝗿𝗲𝗹𝗮𝘁𝗲𝗱 𝗰𝗼𝘀𝘁𝘀—are 𝗻𝗼𝘁 recoverable as prolongation costs. Only costs arising from 𝗲𝘅𝘁𝗲𝗻𝗱𝗲𝗱 𝗽𝗿𝗼𝗷𝗲𝗰𝘁 𝗱𝘂𝗿𝗮𝘁𝗶𝗼𝗻 due to employer-related delays qualify.

A well-substantiated claim, backed by 𝗰𝗹𝗲𝗮𝗿 𝗰𝗮𝘂𝘀𝗮𝘁𝗶𝗼𝗻 𝗮𝗻𝗱 𝘀𝘂𝗽𝗽𝗼𝗿𝘁𝗶𝗻𝗴 𝗱𝗼𝗰𝘂𝗺𝗲𝗻𝘁𝗮𝘁𝗶𝗼𝗻, enhances the likelihood of recovery. 🚧💼