Entitlement to Time-Related Costs in Prolongation Claims – What Needs to be Considered?

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Christopher Ennis

December 2018

A paper presented at the African Society of Construction Law conference in Johannesburg on 20th November 2018

In this paper Christopher Ennis outlines the main principles that claims analysts should bear in mind when ascertaining prolongation costs. He explains that although evaluation of prolongation costs can be a simple proposition, there often appear to be fundamental misconceptions in calculating entitlement. The paper looks at when prolongation costs are recoverable, and which costs are eligible and which costs are not. The author suggests areas of debate where detailed examination is required and goes on to examine the issues of concurrency and of timing – from what point should costs be measured? Finally, the paper assesses further complications that may arise, such as in a case of multiple sub-projects.

Introduction – When are prolongation costs recoverable? – What kinds of costs are eligible for consideration – What kinds of costs are not eligible? – Examples of grey areas – The effect of concurrency – When are costs ‘felt’? – Complications – multiple workfaces, major projects, different issues? – Conclusions

The author: Christopher Ennis MSc FRICS FCIArbis a director of Time | Quantum Expert Forensics Ltd and is a former chair of the Society of Construction Law.

Text: 10 pages

Paper number: 
December 2018, online,1MB

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