Head Office Overheads Calculator
Compare the Hudson, Emden and Eichleay formulas on your own figures, side by side, with the working shown for each.
Updated: . By Jack Butler-Kettle, Construction Claims Consultant.
Head office overheads are the costs of running your business that each job helps to pay for, such as offices, directors and insurance. When a job overruns, it can tie up your firm without earning more towards them.
Enter the period of delay from an extension of time, the extra time already granted or assessed for the delay. Working out the delay itself is a job for a programming expert. We do the money side only, with no delay analysis.
Work out the overheads
The working
Hudson
Your tender percentage.
Enter your subcontract figures and your tender percentage.
Emden
The percentage from your accounts.
Enter your subcontract figures and the two figures from your accounts.
Eichleay
Your actual overheads, shared out by billings.
Enter the period of delay and the four Eichleay figures.
The formulas are an approximation, not a record of what you actually lost. A formula claim usually also needs evidence that the delay stopped you taking other work.
This is for guidance only. It works out the money for a delay already granted or assessed. It does not work out the delay.
How the formulas work
Hudson takes the head office overheads and profit percentage in your tender. It applies it to the subcontract sum per week, or per day, then multiplies by the period of delay.
Emden works the same way, but takes the percentage from your company’s accounts: total head office overheads and profit divided by total turnover.
Eichleay shares out your actual head office overheads by this subcontract’s share of your billings over the actual period. It divides that by the actual period of the work, then multiplies by the period of delay.
Each step is rounded as it is shown: money to the penny, and percentages to two decimal places. So the working adds up when you check it.
The formulas are an approximation, not a record of what you actually lost. A formula claim usually also needs evidence that the delay stopped you taking other work. The High Court said so in Walter Lilly & Company Ltd v Mackay, at paragraph 543.
Emden is the one most often accepted in UK practice. Hudson uses the figures in your tender, not your accounts. Eichleay comes from the United States.
Use your records first where they show the actual cost, such as director time spent on the delay. A formula fills the gap where the records cannot show the loss.
Sources
- Walter Lilly & Company Ltd v Mackay & Anor [2012] EWHC 1773 (TCC) (High Court, Technology and Construction Court, 11 July 2012). The National Archives, Find Case Law.
If this is happening to you
Find the claim that fits, and the services that deal with it.
Delays and disruption are costing me. We organise delay records and prepare evidenced claims for the cost. See Delay & Disruption Claim.