I am not sure which prolongation costs I can claim
The period is granted or adopted, and nobody is sure which costs belong in the prolongation claim or how to show them.
Updated: . By Jack Butler-Kettle, Construction Claims Consultant.
If the period comes from an extension of time and the money is still in dispute, see what to do when you have an extension of time but no money for it.
What's happening?
Prolongation costs are the extra costs of being on site longer. They are often worked out as tender preliminaries divided by the contract weeks, times the overrun. That may not match how your subcontract values the cost, the period adopted, or the resources actually affected.
There are two different things in play. One is extra time on site. The other is more resources on site than you planned, often called thickening. They can fall in the same weeks, so shared payroll, plant, supervision and site costs have to be split properly. Otherwise the same money is claimed twice, and your main contractor has a reason to doubt every other line.
Each cost falls into one of three groups. A supported cost has payroll or invoices behind it and allocation sheets placing it on this job. A conditional cost has some proof, such as payroll, but its link to this period and event is not yet shown. An unsupported cost, such as an allowance with no source, is left out. Anything already paid in an agreed variation comes off.
The arithmetic explains the cost. It does not establish the period, your right to be paid or what you will recover. The period comes from a programme specialist, and any question of your right to be paid from a legal one. Follow What records do I need for a loss and expense claim? for the evidence trail. Keep each period, resource and credit visible in the working.
The solution
Keep extra time on site apart from extra resources in the same period, and name the records behind each. Note shared resources and credits before any cost is assigned. Sort out any overlap before an amount goes into the claim, and say what is assumed. Work the two calculations separately, with payroll, plant and invoices behind each line.
Delay & Disruption Claim builds the claim this way if you want it done for you. We take the period from a named source and never assess it ourselves. Each line is built from the records, with every assumption stated.
Example
Illustrative example. The scenario and figures are invented.
The facts
A groundworks subcontractor's programming expert adopts a 6-week period. The surveyor's first instinct is to divide the tender preliminaries by the contract weeks and multiply. Instead, the cost is built up with two things kept apart.
What happens
- Extra time on site covers the 6 weeks. The site manager at £1,100 a week from payroll gives £6,600.
- Cabins and welfare at £350 a week from hire invoices give £2,100. Less a £300 credit note from the hire company, that leaves £1,800, so the period comes to £8,400.
- Extra resources are kept separate. A second foreman was added during the original period for 10 weeks at £900 a week, or £9,000.
- The allocation sheets place the foreman on this project for 8 of those weeks. So £7,200 is supported, and £1,800 is conditional until the two missing sheets are found.
- The site manager appears on both lists, so he is taken off the extra-resources side and not paid for twice.
- The valuation basis comes from the subcontract as the advisers read it, and the period from the programming expert. Neither is the surveyor's to decide.
The claim in figures
| Item | Amount |
|---|---|
| Site manager, 6 weeks at £1,100 | £6,600 |
| Cabins and welfare, 6 weeks at £350 less £300 credit | £1,800 |
| Extra time on site | £8,400 |
| Second foreman, 8 weeks supported at £900 | £7,200 |
| Second foreman, 2 weeks conditional | £1,800 |
| Handed over as supported | £15,600 |
The outcome
The claim goes over at £15,600 supported and £1,800 conditional. The assumptions and the open programme inputs are stated on the front sheet, and the divide-and-multiply figure is never used.