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Cost records and schedules assembled for a claim

Money

Loss and expense claims

A loss and expense claim stands or falls on one thing: whether the cost can be connected to the event that caused it.

What you get

What we hand over to you

  1. 01

    Entitlement under the contract: which provisions allow recovery, for which matters, and what has to have been done to keep the right alive.

  2. 02

    Prolongation separated from disruption: two different claims with two different proofs, routinely presented as one and routinely rejected for it.

  3. 03

    Costs traced to records: preliminaries, resources and expenditure evidenced from what the project actually recorded.

  4. 04

    Causation, honestly assessed: where the chain from event to cost cannot be shown, you are told, before the claim is built on it.

The problem

Why loss and expense claims get rejected

Rarely because the contractor did not lose money. Usually because the claim does not show which event caused which cost.

A total cost claim, meaning everything spent less everything recovered, invites the answer that some of the overspend was the claimant's own, and that answer is usually correct in part.

Disruption is harder to prove than prolongation because it is about productivity rather than duration, and productivity leaves fewer traces unless somebody was recording it.

Preliminaries claimed as a monthly rate for the extended period assume the resources stayed on site at the same level, which is often untrue and always checkable.

What the work covers

A loss and expense claim, assembled

A defined piece of work with a written deliverable and a clear scope. Fees are agreed individually based on the nature, complexity and scope of the matter.

01

Contractual provisions

The matters that give rise to recovery, the notice and application requirements, and how the contract says the amount is ascertained.

02

Prolongation

The time-related costs of the extended period, by resource, for the period actually affected rather than for the whole overrun.

03

Disruption

The loss of productivity, measured against what the records support, stated as a method rather than a figure pulled from the difference.

04

Preliminaries and site expenditure

What was on site, for how long and at what cost, taken from the records rather than from the allowances in the tender.

05

Causation and entitlement

The link from each matter to each head of cost, which is the part that decides whether the claim survives assessment.

06

Claim schedules

The amounts set out line by line, with their basis shown, so they can be checked rather than accepted or refused as a lump.

A claim for everything that went wrong is easy to write and easy to refuse. A claim that links one event to one cost is neither.

How we build it

Prolongation and disruption are kept apart because they are proved differently. Mixing them produces a global claim, and global claims usually fail, not because the loss was imaginary but because the claimant has asked the other side to accept the whole thing or nothing.

This is commercial and contractual assessment, not legal advice. Where entitlement turns on legal interpretation, or where the claim is heading for a tribunal, you need a construction solicitor alongside this work, and we will say so.

All claims and dispute services

Questions

Loss and expense, answered directly

Can we claim loss and expense without an extension of time?

Sometimes. They run under separate provisions, and a matter can give rise to cost without affecting the completion date. The reverse is also true: an extension of time does not automatically carry money with it.

Our records are thin. Is it worth pursuing?

Possibly, and the honest answer comes from looking at them. Thin records limit what can be proved, but they rarely leave nothing. What they do rule out is a claim presented as a single global figure.

Is head office overhead recoverable?

It depends on the contract and on what can be shown. It is one of the most frequently claimed and most frequently reduced heads, and the basis of calculation matters more than the formula chosen.

Do you prepare these for employers as well as contractors?

Yes, from either side, but never both on the same project. On any single scheme we act for one party only.