My fluctuations claim was refused because I didn't give notice

Some fluctuations clauses make notice a condition of being paid. The JCT options that adjust for the cost of labour, materials, taxes and levies, rather than by formula, work this way. You must give written notice of each qualifying rise within a reasonable time. Formula and index-based clauses usually work differently, adjusting each valuation without a notice for each rise.

Where the condition applies and no notice was given, the rise may not be paid however well you prove it. But the refusal is not always the end. A notice may have gone in a form nobody recognised: a letter enclosing a supplier's increase, an application line with its build-up, or meeting minutes. The condition may not cover every part of the claim. And your main contractor may have used the wrong base date or method on the parts it did accept.

Read the notice condition exactly as written. Then search your letters, applications and meeting minutes for anything that meets it, rise by rise. Separate the rises that were properly notified, or fall outside the condition, from those that cannot now be saved. Recompute the ones that survive by the clause's own method, from its base date.

Price Rise Claim does that search and rates each rise for its notice and cost evidence. We recompute what survives, check it against the account, and submit it, or take it to adjudication, a fast independent decision, where the sum justifies it. The Handover Pack we leave you prices what the missing notices cost. Price Rise Loss Prevention then puts the clause's notice rule in your job diary, so the next rise is notified in time.