milagrosphillips Group

In the construction industry, delays are often unavoidable due to design changes, unforeseen conditions, or external factors. When these delays extend the overall project duration, contractors may incur additional costs. A prolongation claim is the formal request to recover these extra expenses caused by extended project timelines.

What are Prolongation Claims?

A prolongation claim arises when a contractor is delayed through no fault of their own and seeks compensation for the extended period of performance. These claims are typically associated with costs such as:

• Site overheads (supervision, utilities, security, etc.)

• Head office overheads and administrative costs

• Additional financing or interest expenses

• Extended equipment and resource use

Common Causes of Prolongation

• Late design changes or approvals

• Unforeseen site conditions

• Delays in payments or access to the site

• Employer-driven variations

• Force majeure events (e.g., extreme weather, global disruptions)

Establishing a Prolongation Claim

To succeed, prolongation claims must be supported by detailed evidence and analysis. Key requirements include:

1. Proof of Delay – showing that the project completion date was genuinely extended.

2. Causation – demonstrating the link between the employer’s actions (or risk events) and the delay.

3. Entitlement – confirming contractual provisions that allow recovery of prolongation costs.

4. Quantification – accurately calculating additional costs incurred during the extended period.

Role of Delay and Quantum Experts

Prolongation claims often require the input of independent specialists:

• Delay Analysts – to establish the critical path impact of the delay.

• Quantum Experts – to calculate the financial costs associated with the prolonged duration.

Importance in Construction Disputes

Prolongation claims are common in construction disputes and are often central to arbitration or litigation. A well-prepared claim not only supports fair compensation but also strengthens the contractor’s position in negotiations or formal proceedings.

Conclusion

Prolongation claims are a vital mechanism for contractors to recover costs when projects run beyond their planned completion due to employer-related delays. With accurate record-keeping, strong analysis, and expert support, these claims can be presented effectively, ensuring fair outcomes and protecting financial stability in complex projects.