Civil Engineering Reference
In-Depth Information
7
Loss and/or Expense
If you intend to claim loss and/or expense, you must carefully follow the procedure
laid down in the contract. Failure to do so may result in your claim being rejected.
Contractors sometimes do not realise that the architect has a duty to the employer,
not to resist claims, but to accept only those claims which can be shown to be valid.
Most important is to make your application in good time. Remember, however,
that there is nothing in any standard form contract which makes the obtaining of
an extension of time a condition precedent before payment of direct loss and/or
expense can be made. This has been confirmed by the courts.
If you cannot satisfy the provisions of the contract, and even if you can, there is
nothing to prevent you from pursuing your claim for damages at common law. The
standard forms to which reference is made in this topic do not give the architect
power to deal with common law claims.
The following letters deal with the initial application and the provision of further
information. Common difficulties arise in regard to the speed of ascertainment
and, of course, the amount of ascertainment. Some suggested letters to cover these
situations are included.
Of course, if the architect will not certify loss and/or expense which you perceive
to be due, you can refer the matter to the very quick adjudication process which is
dealt with later in this topic.
