Background

Loss of overheads contribution and profits in a construction dispute in the hospitality sector where a contractor claimed that a delay to a construction project caused them a loss of contribution to head office overheads and profits.

Our Role

Secretariat professionals were appointed to provide expert services in an adjudication claim in respect of loss of overheads contribution and profits and to opine of the reasonableness of the application of the Hudson formula, the Emden formula and the Eichleay formula.

Outcome

Secretariat damages professionals, working alongside a quantity surveyor colleague, evaluated the Claimant’s calculation prepared using the three Hudson, Emden and Eichleay formulae widely used in construction delay claims and compared them to a reasonable assessment derived from our own knowledge of overhead and profit assessments. The work involved a detailed review of the Claimant’s financial statements to determine returns which the Claimant would have achieved during the delay period and a re-calculation of the loss of overheads contribution and profits using a more appropriate methodology.