Prolongation in construction contracts
As per the definition contained in the Society of Construction Law Delay and Disruption Protocol the term ‘prolongation’ refers to 'the extended duration of the works during which time-related costs are incurred as a result of a delay' - usually recognised as the additional projected time required to complete a contract extending beyond the contractual completion date.
Prolongation costs are the additional costs that a contractor has incurred as a result of the completion of the works being delayed by an event that is the responsibility of the other party (usually the Employer). Such events might include; failing to give the contractor possession of the site on the date specified in the contract; delays in giving instructions, and so on.
The contractor may incur additional costs as a result of having to remain on site for longer than anticipated, for example, additional labour costs, plant costs, off-site overheads, fluctuations, and so on.
Prolongation is sometimes described as being synonymous with ‘loss and expense’, however, this is incorrect. Loss and expense is a wider term that refers to matters which are the responsibility of the client that materially affect the progress of the works. This includes matters that disrupt, rather than delay the progress of the works, but still entitle the contractor to make a claim for additional costs incurred. Claims for disruption result from the additional cost of adopting inefficient working methods as a result of the disruption.
For more information, see Disruption claims in construction.
Prolongation and disruption therefore are two separate elements that might result in a claim for loss and expense. The prolongation element is dependent on the completion date being delayed.
Depending on the terms of the construction contract, prolongation might relate to the project as a whole, or to a specific aspect of it.
Generally a disruption event is easier to prove than a critical delay prolongation event i.e. a failed critical delay prolongation claim will often be used as proof of disruption. However, prolongation costs are often considered easier to demonstrate than disruption costs.
For more information see: Loss and expense.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
A briefing on fall protection systems for designers
A legal requirement and an ethical must.
CIOB Ireland launches manifesto for 2024 General Election
A vision for a sustainable, high-quality built environment that benefits all members of society.
Local leaders gain new powers to support local high streets
High Street Rental Auctions to be introduced from December.
Infrastructure sector posts second gain for October
With a boost for housebuilder and commercial developer contract awards.
Sustainable construction design teams survey
Shaping the Future of Sustainable Design: Your Voice Matters.
COP29; impacts of construction and updates
Amid criticism, open letters and calls for reform.
The properties of conservation rooflights
Things to consider when choosing the right product.
Adapting to meet changing needs.
London Build: A festival of construction
Co-located with the London Build Fire & Security Expo.
Tasked with locating groups of 10,000 homes with opportunity.
Delivering radical reform in the UK energy market
What are the benefits, barriers and underlying principles.
Information Management Initiative IMI
Building sector-transforming capabilities in emerging technologies.
Recent study of UK households reveals chilling home truths
Poor insulation, EPC knowledge and lack of understanding as to what retrofit might offer.
Embodied Carbon in the Built Environment
Overview, regulations, detail calculations and much more.
Why the construction sector must embrace workplace mental health support
Let’s talk; more importantly now, than ever.
Ensuring the trustworthiness of AI systems
A key growth area, including impacts for construction.