JCT: We have 110 variations on this site now with a overrun - can prelims be charged?

I have a client that does not wish to pay any further preliminaries after the contract period. Even though he has extended our works through variation to the project. We have 110 variations estimated at 17% of the contract value and wish to know were I stand.

The answer will differ depending on which version of JCT you are using, so I’ll answer in general terms.

If the variations caused a delay which results in an extension of time, then you are entitled to be paid loss and expense, which will reimburse you fo your prelim type costs.

If the variations caused a delay, but the delay didn’t delay completion of the works, then you would still be able to claim loss and expense to reimburse you for prelim thickening type costs (i.e you are doing more work in a period of time than you had previously priced for so you need more generators, labourers, storage, supervision etc).

Depending on the type of preliminary costs, some of the costs can be added to the valuation of the variation.