Construction Law in the 21st Century
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Quantifying prolongation costs
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Introduction
When delays occur on construction projects questions quickly arise, whether on the part of the employer, architect, or engineer, or contractor, as to what additional costs might be incurred due to those delays. It may be a matter for which no provision has been made in the agreement between the parties, in which case one is concerned with the common law position, measuring damages if caused by an employer breach. Alternatively, one can turn to the provisions agreed between the parties, typically via a standard form of construction contract, which may or may not assist.