Extension of Time Claims
We are Quantity Surveying practice specialising in quantum of extension of time claims.
400+
Claims Successfully Handled
25+ Years
Experience in Construction
A Quantity Surveying Practice Regulated by the RICS
Extension of Time Claims
Where a construction contract provides for a fixed date for completion and makes a provision for the completion date to be extended under certain circumstances then an extension of time claim would generally be required to extend the completion date to avoid or establish liability for damages, or liquidated damages.
We Quantify Your Extension of Time Claim
What is an extension of time claim?
Extension of time to the contract date for completion may be required to avoid liability for delays. Extension of time claims are made pursuant to the contractual provisions and must be prepared and quantified in accordance with the contract terms and conditions.
Causes of delay may include:
Events preventing commencement, progress, or completion.
Variations.
Suspension.
Statutory services (roads, water etc).
Lack of access to the site or the works.
Disruption.
Force majeure.
How and when to apply for extension of time
Extension of time is not an automatic, but is a contractual right. This means the contractual provisions must be followed carfully when making an application. The contract may require notices to be served in a particular time frame and/or form which will generally include a requirement to notify an estimated delay to the completion date. These requirements should be identified at procurement stage and form the basis of the contract management procedures for the project.
We can assist at procurement stage by advising on suitable internal procedures that are efficient and effective. Where condition precedents provide time bars to service of notices ro assessment required for extension of time then complex and costly disputes can arise.
How are extension of time claims quantified?
Delay is essentially a question of causation, this means the starting point for extension of time claims is to establish the delays (factual causation) and then to quantify the extent to which those delays are relevant and delayed completion (legal causation).
We are experts in identifying the key evidence required in specific cases, managing the procurement of that evidence, and the provision of the factual demonstrations and analysis required to arrive at quantum for the claim.
Key issues to be considered in addition to the foregoing when quantifying an extension of time claim include:
Whether the delay stopped works altogether or caused a loss in productivity.
If the delay claimed is concurrent with a delay for which the claimant is responsible.
If any float is to be absorbed before the completion date is extended.
If you require assistance with a extension of time claim just get in touch and we can provide a Free Preliminary Review and fixed prices for our services.
"I have instructed Mark Holden-Smith as an expert in quantum and delay on a number of occasions in adjudications. I find him to be thorough and methodical but never slow. His reports have always been concise and persuasive and I recommend him."
-Andrew Rimmer, Solicitor
Mark Holden-Smith
Managing Director
FCIArb MCIOB FICCP AssocRICS DipAdj DipHE(Law)
Construction Claims Practitioner
Registered Adjudicator
Quantity Surveyor
Chartered Construction Manager (Disputes)
Mark Holden-Smith is a RICS associate Quantity Surveyor, Chartered Construction Manager with the Chartered Institute of Building specialising in commercial and dispute management, a Fellow of the Chartered Institute of Arbitrators, a Fellow of the Institute of Construction Claims Practitioners, and a registered Adjudicator with the RICS and CIArb with over 25 years experience in construction. Mark is well placed to help parties to construction contracts in the quantification and management of construction claims and disputes.
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