Loss and expense
Ascertained means calculated from evidence, not estimated. A single figure with no basis behind it invites an ascertainment of nil, and that is a perfectly defensible outcome.
30 days free, no card.
Only heads marked as ascertained reach the final account. Claimed and ascertained are shown separately, because they are different numbers.
Prolongation calculated as the tendered weekly preliminaries multiplied by the weeks of delay is a price, not a loss.
The claim is for what was actually incurred over the period, evidenced from the accounts. QScope holds the basis against each head and flags anything marked as ascertained with no basis recorded, because that is the line an assessor deletes first.
Loss and expense
Loss and expense needs a relevant matter under clause 4.21.
The period is the weeks the delay actually happened, not the weeks added to the end of the programme. Those are different weeks with different costs on site.
Extensions of time
A head of loss and expense almost always arises from a delay event, and that same event usually carries an extension of time.
EOT-02 late information is a relevant matter, so the prolongation under LE-02 is claimed against it. Adverse weather carries time only.
Variations
A variation is valued for the work it adds.
The value of VO-04 is retained in the normal way. The disruption it caused is claimed as loss and expense, which is not subject to retention.
Final Account
The ascertained loss and expense is one line on the final account, stated on its own because it is not subject to retention and the client is entitled to see it separately from the measured work.
The ascertained loss and expense sits on its own line. It is not subject to retention, so it is not reduced when the retention release is added back.
Contractor's claim
Loss and expense is a JCT idea.
Under FIDIC the cost travels with the time in one claim under Sub-Clause 20.1, not as a separate loss and expense head. The 28 day notice is a condition precedent in the 1999 edition. Counting is in calendar days. These are published starting points to verify against the Particular Conditions.
Who it is for
You are applying
You price the change and defend itYou price the instruction, submit the variation and defend it when it comes back cut. Instructed work with no variation against it is money you have already spent.
Applying for paymentYou are certifying
You value the change and answer for itYou value the variation from the other chair and account for what you cut. The register you keep is the one the final account will be argued from.
Certifying paymentYou are doing both
You build the change, paid or notYou absorb the small changes as they come, and the ones nobody wrote down are the ones you end up building for free.
Doing both yourselfYou are reporting
You fund the change, priced or blindYou check that scope changes are priced and approved before money moves, because an unpriced variation is risk the facility is carrying blind.
Recommending a drawdownThe client, the architect and the tenderer are not on this list. They are the people you let in on a link: they see the one document you sent them, answer it, and that answer is written into the record. No account, no licence, no charge, on every plan.
The questions this page raises most often, answered without a sales pitch at the end.
No. Ascertainment is a judgement made from evidence you hold. QScope structures the claim, links it to the cause, keeps the basis and does the arithmetic on the totals.
Because it gets claimed. It is recoverable only in limited circumstances and often not at all, and having it as its own line makes it visible rather than buried inside another head.
Where an employer risk event and a contractor risk event both delay completion, the usual position is time without money. Record the extension in the delay register and leave the head of claim unascertained, with the reasoning noted.
Normally not. QScope lets you set a zero retention rate on the relevant variation for exactly that reason.
FIDIC has no head called loss and expense. The cost of a delay is claimed together with the time through the Contractor's Claims machinery under Sub-Clause 20.1 in the 1999 edition, and the 28 day notice is a condition precedent for both. QScope holds the cost against the same claim, keeps the basis, counts in calendar days and supports non-GBP currencies. The figures are published starting points to verify against your Particular Conditions.
From the blog
Three pieces from the same corner of a contract as this page, answered at length and without a sales pitch at the end.
Instruction first, then the valuation ladder your contract sets: contract rates, adjusted rates, a fair price or dayworks. Where each rung applies, and why the smallest variations are the ones that never get paid.
Read nowNo single extra under two hundred pounds feels worth the awkward conversation, and thirty of them are a month’s wages. The three-sentence habit that captures small changes without souring the job, and the quote clause that makes the habit expected.
Read nowTime and money are separate entitlements with separate tests. Why an extension of time does not carry money with it, what has to be ascertained, and where these claims usually fail.
Read nowKeep reading
Ascertained means calculated from evidence, not estimated. A single figure with no basis behind it invites an ascertainment of nil, and that is a perfectly defensible outcome.
30 days free, no card.
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