The Preliminaries to the Claim - Construction Claims and Responses: Effective Writing and Presentation - page 94

3. The Contractor has submitted a claim for additional payment of
£170,497 for prolongation costs in respect of Claim No. 4 described
above, but to date negotiations have not been concluded and the
Engineer's determination is still outstanding.
4. The Contractor has made several claims for additional payment as
a result of variation instructions, the evaluation and agreement of
which is currently ongoing.
Conditions of Contract
The conditions of contract that have relevance to this claim are repro-
duced below for ease of reference:
1 . ' 1 .9 Delayed Drawings or Instructions
The Contractor shall give notice to the Engineer whenever the
Works are likely to be delayed or disrupted if any necessary
drawing or instruction is not issued to the Contractor within a
particular time, which shall be reasonable. The notice shall
include details of the necessary drawing or instruction, details
of why and by when it should be issued, and details of the
nature and amount of the delay or disruption likely to be suffered
if it is late.
If the Contractor suffers delay and/or incurs Cost as a result
of a failure of the Engineer to issue the notifi ed drawing or
instruction within a time which is reasonable and is specifi ed in
the notice with supporting details, the Contractor shall give a
further notice to the Engineer and shall be entitled subject to Sub-
Clause 20.1 [Contractor ' s Claims] to:
(a) an extension of time for any such delay, if completion is or
will be delayed, under Sub-Clause 8.4 [Extension of Time for
Completion] , and
(b) payment of any such Cost plus reasonable profi t, which shall
be included in the Contract Price.
After receiving this further notice, the Engineer shall proceed in
accordance with Sub - Clause 3.5 [Determinations] to agree or
determine these matters.
However, if and to the extent that the Engineer's failure was
caused by any error or delay by the Contractor, including an error
in, or delay in the submission of, any of the Contractor's
Documents, the Contractor shall not be entitled to such extension
of time, Cost or profi t.'
2 . '3.3 Instructions of the Engineer
The Engineer may issue to the Contractor (at any time) instruc-
tions and additional or modifi ed Drawings which may be neces-
sary for the execution of the Works and the remedying of any
defects, all in accordance with the Contract. The Contractor shall
only take instructions from the Engineer, or from an assistant to
whom the appropriate authority has been delegated under this