Philip Fidler and Andrew Singer KC provide a brief discussion of Employer-Subcontractor Design Agreements and how they might assist with a modern issue.
Philip Fidler
As I reach the end of my tenure as Chairman of the Society may I take a moment to reflect for the benefit of members exactly what the objectives of the Society are and what we are doing to achieve these.
When a Contractor becomes entitled to reimbursement for delay to his works it is settled law that he may recover the return that he would have achieved on other work had his resources not been detained on the Works due to the delay. Amongst other heads of claim, that includes Head Office Overheads and Profit (HOP). The HOP element of such a claim is often a significant sum.