Webinar - Understanding What Sums Properly Due JCT Design & Build Contract Part 2 - Loss and Expense Claims

JCT Contracts
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This topic is for all questions raised on our webinar “ Understanding What Sums Properly Due JCT Design & Build Contract Part 2 - Loss and Expense Claims”. If you haven’t already attended it, you can sign up here Webinar - Understanding What Sums Properly Due JCT Design & Build Contract Part 2 - Loss and Expense Claims

The aim of this webinar is to provide an overview of procedures under the JCT Design and Build Contract for preparation of contract sums and cost provisions.

You will learn

By the end of this webinar you will be able to:

  1. Understand the correct and proper ways in which direct loss and expenses are reimbursed through DB16
  2. Outline the logic and workflow for the ascertainment of loss and expenses and the alternative procedure using supplemental provision 2 estimate,
  3. Understand what item may be claimed for under loss and expenses, and
  4. Explain the effect and consequence that fluctuations may have on the contract sum under DB16
    @stevencevans @steven.evans13
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Covid - Clients have had to shut the site on their own accord as there was no government instruction - as such does this count as a relevant matter? @steven.evans13

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@stevencevans @Mike_Tiplady any thoughts on the above question

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If a Client shut its site at their own volition (and not because the Government said so) then this would be a Relevant Event under Clause 2.26.6 (prevention by the Employer) and a Relevant Matter under Clause 4.21.5. That would give rise to a right to an extension of time and loss and expense. Regards. Mike

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Would L&E be due if their is a Concurrent delay ? @stevencevans

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There is no simple answer to this. This general principal for concurrent delay is that the contractor gets additional time but no money so the employer does not have to pay prolongation costs and the contractor does not have to pay liquidated damages. In practice, there would be a need to carefully consider when the delay occurred and to what extent that delay occurred at the same time as a delay caused by the contractor.