Examining this topic in full is beyond the limitations of this article. Here we concentrate on highlighting the often overlooked topic of how to prove a loss of contribution to head office overheads (“HOOH”) and profit.
We often get clients telling us they have been delayed and disrupted without realising that these are distinct issues which are assessed differently. The words ‘delay’ and ‘disruption’ are often used interchangeably in construction disputes without parties really knowing the distinction between the two. It is often assumed that delay leads to disruption and disruption leads to delay, thus a cycle of additional time and cost is incurred on projects that go wrong. This is a common misconception.
The JCT standard forms of contract contain provisions for assessing final accounts stipulating timeframes for issuing and disputing final account assessments. Failure to comply with these timeframes can lead to potentially disastrous consequences. Where final accounts contain disputed sums, it is common to find that without prejudice (“WP”) discussions are held in parallel with the parties seeking to resolve their differences amicably. This article examines the potential pitfalls of this approach where one party is unaware of the potentially draconian...
The case of Premier Engineering -v-MW High Tech [2020] has given all contractors and businesses in the construction industry a very timely reminder of just how important good record keeping is on the not so interesting, but absolutely critical topic of timesheets and invoices.
The recent case of Rochford v Kilhan [2020] highlights the importance of ensuring that the final date for payment stated in your construction contract is compliant with Housing, Grants, Construction And Regeneration Act 1996 (often referred to as the Construction Act) and is not in itself conditional on the provision of an invoice.
HD Construction Solutions works with employers, contractors and subcontractors of all sizes in the construction industry with the aim of managing risk and avoiding costly disputes.
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